JOSHUA R. ALLEN v. STATE OF ARKANSAS
No. CR-13-106
SUPREME COURT OF ARKANSAS
October 10, 2013
2013 Ark. 396
HONORABLE HERBERT WRIGHT, JR., JUDGE
APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, FOURTH DIVISION [NO. 60CR-09-3411]
AFFIRMED.
CLIFF HOOFMAN, Associate Justice
Appellant Joshua R. Allen appeals from his conviction for capital murder, for which he received a life sentence, and his convictions for four counts of committing a terroristic act, for which he received concurrent sentences of five years’ imprisonment on each count, to run consecutively to the life sentence. He was also found guilty of using a firearm during the commission of the felony and received a sentence enhancement of five years, with this sentence also to run consecutively to the capital-murder sentence, for a total of life plus ten years. For his sole point on appeal, Allen argues that the circuit court erred in excluding
Allen was charged with capital murder and four counts of committing a terroristic act in connection with the death of Latonio Quince on August 4, 2009, after Allen fired five
In Allen‘s statement to police, as well as his testimony at the second trial, he claimed that Johnson, who was an acquaintance, had called him on August 4, 2009, in order to buy marijuana. According to Allen, he told Johnson to meet him at a Valero gas station on Stagecoach Road and to come alone. When Allen drove into the parking lot and saw that Johnson had a passenger in his vehicle, Allen left the gas station and turned onto the Mabelvale West access road near Interstate 30. Allen stated that, as he was driving on the overpass, he noticed Johnson‘s vehicle pull up alongside him in the left lane and saw the passenger pull a gun and point it at him. Allen stated that he was scared that he was going to get shot in the face and that he grabbed his 9mm handgun and started shooting at Johnson‘s vehicle. He claimed that he could not speed up and outrun Johnson because there was a truck in front of him and that he could not swerve to the right because there was a curb. Allen stated that Johnson‘s vehicle eventually stopped and that he kept on going to a friend‘s house, who told Allen that he needed to get rid of the car. After he left his friend‘s home, Allen phoned the police and reported his car stolen, although he did not wait for a police officer to come and speak with him as he was instructed to do. Later that evening, Allen poured gasoline inside the vehicle and set it on fire. Allen then turned himself in to police
Johnson also gave a statement to police and testified at both trials. Johnson stated that he had picked up his friend, Quince, at the Valero station on August 4, 2009, and that they were going to Johnson‘s cousin‘s house to visit. As they were driving on Mabelvale West, Johnson noticed in his rearview mirror that a white Crown Victoria was speeding up behind him. As the vehicle pulled alongside him, Johnson stated that he recognized Allen, who began shooting at them. When he realized that Quince had been shot, Johnson pulled off the road briefly to check on him, then took off for what he believed was the nearest hospital. Two nurses leaving the building assisted Quince after Johnson pulled up in his vehicle and yelled that he needed help; however, Quince died almost immediately from the gunshot wound to his flank. In his initial statement to police, Johnson claimed that he and Allen were acquaintances and that he had no idea why Allen would have pulled a gun on him, other than a conflict over a female several years earlier. At Allen‘s first trial, however, Johnson admitted that he had stolen marijuana from Allen several years prior to the August 2009 incident. Although Johnson also initially claimed that he did not have a gun when he robbed Allen, he testified at the second trial that he had lied and admitted that he had in fact robbed Allen at gunpoint. Allen denied that this prior incident had ever happened.
The State argued that this proffered testimony was not relevant to the charges against Allen or to his defense of justification and that it was not admissible under
At the conclusion of the trial, Allen was convicted of all charges. He waived jury sentencing, and the circuit court sentenced him to a total of life plus ten years’ imprisonment.
Circuit courts have broad discretion in deciding evidentiary issues, and their rulings on the admissibility of evidence are not reversed on appeal absent an abuse of discretion. Laswell v. State, 2012 Ark. 201, 404 S.W.3d 818.
Allen contends that Thompson‘s testimony was relevant and admissible under
Allen also contends that Johnson “opened the door” to evidence of his other recent bad acts by testifying that he had previously robbed Allen at gunpoint but claiming that he had since changed and did not “live that life” anymore. However, this is essentially impeachment of Johnson‘s credibility as a witness, and as the State argued at the evidentiary hearing, specific instances of a witness‘s conduct for the purpose of attacking or supporting
Rule 4-3(i) Review
In compliance with
Affirmed.
CORBIN and DANIELSON, JJ., concur.
DONALD L. CORBIN, concurring. While I agree with the majority opinion that the circuit court did not abuse its discretion in excluding the proffered testimony of Demetrius Thompson, I must write separately because I do not agree with the majority‘s analysis of Appellant‘s argument that Antonio Johnson opened the door to evidence of his other bad acts. In reviewing Appellant‘s argument on this point, it is apparent that he fails to provide any convincing argument or citation to authority in support of his contention that Thompson‘s testimony was admissible “to show the modus operandi of Antonio Johnson, as well as motive, opportunity, intent, plan and knowledge.” It is a well-settled principle of appellate jurisprudence that this court will not consider an argument, even a constitutional one, when the appellant presents no citation to authority or convincing argument in its support, and it
DANIELSON, J., joins in this concurrence.
Montgomery, Adams & Wyatt, PLC, by: James W. Wyatt, for appellant.
Dustin McDaniel, Att‘y Gen., by: Nicana C. Sherman, Ass‘t Att‘y Gen., for appellee.
