Brown v. State, CR
| Decision Date | 01 June 1992 |
| Docket Number | No. CR,CR |
| Citation | 832 S.W.2d 477,309 Ark. 503 |
| Parties | Edgar BROWN, Appellant, v. STATE of Arkansas, Appellee. 92-531. |
| Court | Arkansas Supreme Court |
William C. McArthur, Little Rock, for appellant.
Clementine Infante, Asst. Atty. Gen., Little Rock, for appellee.
The appellant, Edgar Brown, was convicted of three counts of aggravated robbery and two counts of theft of property. Brown waived his right to a jury trial and was sentenced to 25 years for the aggravated robbery of James Rodgers and a total of 20 years for the aggravated robbery and theft of property of Valerie Smith and Michael Arbanas. Brown's only point of appeal is that the evidence was insufficient to support the convictions. We find the evidence was sufficient and affirm the convictions.
On June 13, 1990, at approximately 10:45 p.m. James Rodgers was leaving the El Rancho Club on Scott Street in Little Rock when a man came up to him and demanded his money. Rodgers refused, and the man shot him in the side. Rodgers told the police, and later testified at trial that the robber was approximately six feet tall, stocky build, short hair, had hair growth under his chin, and was a light complected black male. Rodgers testified that the robber wore shorts, tennis shoes, and a yellow tank top type shirt. He also described the robber's gun as small, either a .25 or .22 caliber, silver automatic.
On the same night, at approximately 11:00 p.m., Valerie Smith and Michael Arbanas, who lived in separate apartments in the same building, were approached by a man as they were entering their apartment building at 411 West 16th Street, five blocks from the El Rancho Club. The robber demanded their wallets. Smith and Arbanas complied and the man ran away.
Smith described the man to the police and in her testimony at trial as a light complected black male, with a bad complexion, approximately five feet eleven inches tall and of stocky build. She described the clothes the robber wore as dark stretch shorts, and a light colored, tight fitting tee shirt. She said the gun was a small, silver automatic. Arbanas described the robber as a stockily built, black male, approximately six feet tall.
Arbanas testified the robber wore dark shorts, a gray colored tee shirt which could have been long, and a leather medallion. Arbanas also testified the gun the robber used was a small, silver automatic pistol.
Brown was arrested and charged with aggravated robbery and theft of property on September 13, 1990, after Smith, Arbanas, and Rodgers identified him as the man who robbed them on June 13th. The police were first alerted to Brown on September 9, 1990, when Smith and Arbanas saw Brown at the Waffle House on 9th Street. That evening Smith and Arbanas went to the Waffle House for dinner after work. Smith testified that the minute she saw Brown she told Arbanas that the man who had robbed them was sitting in a nearby booth. Arbanas testified he did not get a good look at Brown until later when he left the restaurant. Arbanas testified that as soon as he saw Brown walk and heard Brown speak he was sure Brown was the man who robbed him. Brown was also wearing a leather medallion which fit the description of the leather medallion worn by the robber. After Brown was arrested, Rodgers identified Brown from a photograph as the man who shot him in the robbery on June 13th. All three witnesses were certain of the accuracy of their identifications.
Brown claimed the three witnesses were mistaken in identifying him because Rodgers, Smith, and Arbanas described different types and color shirts worn by the robber. Brown testified he did not know where he was on the night of June 13th, but that he did not rob Rodgers, Smith, or Arbanas. Brown's mother and father also testified on his behalf, but could not remember where he was on the night of June 13th.
Brown moved for a directed verdict at the close of the State's evidence and again at the close of the case, thus preserving for appeal the issue of sufficiency of the evidence. Sanders v. State, 308 Ark. 178, 824 S.W.2d 353 (1992).
When the sufficiency of the evidence is being challenged on appeal, we review the evidence in the light most favorable to the appellee,...
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