Haynes v. State, CR
| Decision Date | 07 June 1993 |
| Docket Number | No. CR,CR |
| Citation | 313 Ark. 407,855 S.W.2d 313 |
| Parties | Ronnie HAYNES, Appellant, v. STATE of Arkansas, Appellee. 93-58. |
| Court | Arkansas Supreme Court |
Kent C. Krause, Deputy Public Defender, Little Rock, for appellant.
Teena L. White, Asst. Atty. Gen., Little Rock, for appellee.
Appellant Ronnie Haynes was convicted of aggravated robbery, sexual abuse, and misdemeanor theft. He was sentenced as a habitual offender to 40 years for the robbery and 10 years for sexual abuse, with the two sentences to run concurrently. A six-month sentence in the Pulaski County Jail for misdemeanor theft was merged into the felony convictions. He appeals on one ground--the trial court's disallowance of the testimony of a defense witness who was a police officer and who was known to the State. We affirm the convictions and sentences.
The criminal charges arose out of an incident in Little Rock which occurred at a video store at about 1:00 p.m. on April 30, 1991. According to the victim, age 20, who worked at the store as a clerk, Haynes entered the business on two occasions and looked around. His total time in the store was 30 to 45 minutes. He then pulled a gun, took money from the cash register, and forced the victim into the men's bathroom where he ordered her to remove most of her clothing and lie on the floor. He lay on top of her and simulated sex and fondled her breasts, though he did not rape her. He left her after a few minutes but told her to remain in the bathroom. After the assault, a friend from the business next door came into the video store, discovered the victim, and called the Little Rock Police Department.
At the trial, the victim was questioned on cross examination about whether she told the first investigating police officer about what transpired in the men's bathroom. She responded that she told the police officer her full story but did not know if he recorded the incident in the bathroom or not. Haynes argued his own case in closing argument and attempted to refer to the absence of a police record concerning the bathroom assault, but the State objected on grounds that the officer's report was not in evidence. The trial court sustained the objection. Haynes was then convicted and sentenced.
The essence of Haynes's argument on appeal is that the trial court erred at the beginning of the trial in disallowing the testimony of the police officer who first interviewed the victim. The court's disallowance, according to Haynes, was premised on the failure of the defense to provide the witness's name to the State as required by Ark.R.Crim.P. 18.3. Haynes argues that the State already had the name of the police officer and his report in its file and, thus, the State could not have been surprised or prejudiced by this witness. The State counters on appeal, however, that regardless of the merits of this argument, the issue was not preserved for our review because Haynes failed to make a proffer of the actual police report at trial or to proffer what was contained in...
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Moncrief v. State, CR
...in the dark as to what transpired before the trial court. See Pogue v. State, 316 Ark. 428, 872 S.W.2d 387 (1994); Haynes v. State, 313 Ark. 407, 855 S.W.2d 313 (1993). We will not address this Finally, Moncrief requests in his Reply Brief that if this court determines that his abstract is ......
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...that "When an abstract's deficiencies are so flagrant that a decision is well nigh impossible, we will affirm." Haynes v. State, 313 Ark. 407, 409, 855 S.W.2d 313, 315 (1993). For the reasons stated, the abstract in the present case renders a decision on the merits impossible and the case m......
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Arkansas Dept. of Human Services v. Southerland
...abstract do not rise to these levels and are not so flagrant as to make a decision "well nigh impossible." See Haynes v. State, 313 Ark. 407, 855 S.W.2d 313 (1993). Moreover, as more fully quoted below, we think the attorney's objection at trial was sufficient to preserve the points argued ......