Mason v. State

• Decision Date: 14 April 2005
• Docket Number: No. CR 03-1100.,CR 03-1100.
• Citation: 206 S.W.3d 869
• Parties: Clifton MASON, Appellant, v. STATE of Arkansas, Appellee.
• Court: Arkansas Supreme Court

206 S.W.3d 869

Clifton MASON, Appellant, v. STATE of Arkansas, Appellee.

No. CR 03-1100.

Supreme Court of Arkansas.

April 14, 2005.

COPYRIGHT MATERIAL OMITTED

Cullen & Co., P.L.L.C., by: Kami S. Wallace, Little Rock, for appellant.

Mike Beebe, Att'y Gen., by: Valerie L. Kelly, Ass't Att'y Gen., for appellee.

JIM HANNAH, Chief Justice.

Clifton Mason appeals his convictions for first-degree terroristic threatening and first-degree battery by means of a firearm. Mason argues that there is insufficient evidence to sustain his conviction for terroristic threatening. Mason also asserts that this court must reverse his conviction for battery under collateral estoppel or the issue-preclusion arm of the doctrine of res judicata and Ark.Code Ann. § 5-1-113(2) (Repl.1997) because his prior acquittal on a charge of possession of a firearm by certain persons prohibited the State from again litigating a crime requiring possession of a firearm.

We hold that there was substantial evidence in support of the conviction for terroristic threatening and affirm on that charge. With respect to battery by means of a firearm, the State argues that the elements in the earlier trial and the elements in this trial on the battery charge differ, precluding the application of collateral estoppel or issue preclusion. Accordingly, we hold that issue preclusion of res judicata and Ark.Code Ann. § 5-1-113(2) precluded the State from attempting to prove in the present trial that Mason possessed a firearm where an earlier jury decided that Mason did not possess a firearm at the time the crimes were alleged to have occurred. We reverse and remand on this charge. Our jurisdiction is pursuant to Ark. Sup.Ct. R. 1-2(b)(1) and (6) because this case involves issues of first impression and interpretation of an act of the General Assembly.

Facts

According to the testimony of Jackie Johnson, he and his wife, Latonia Johnson, were in their home February 6, 2002. They were up late cooking for expected company and playing cards. Both Jackie and Latonia testified that Diane Crutchfield came to their house between 12:30 a.m. and 1:00 a.m. on February 7, 2002. According to Jackie, Crutchfield came by because Crutchfield wanted company, and, according to Latonia, Crutchfield came by because she was scared and wanted the Johnsons to accompany her back to her house. Latonia also recounted that Crutchfield wanted to retrieve some money from her house and then return to the Johnson home. Both Jackie and Latonia testified that Mason had been living at Crutchfield's home for about a month at that point.

About 5:00 a.m., the Johnsons and Crutchfield took a cab to Crutchfield's house, but found all the doors locked when they arrived. Jackie and Latonia testified that Mason let them in the house by a side door, and Latonia testified that Crutchfield cussed at Mason and told him to go to a back room, which he did. Both Jackie and Latonia testified that the two of them and Crutchfield went to the den and stayed there for about half an hour. According to Latonia, she told Crutchfield to check on Mason because he was being too quiet. According to Jackie, Crutchfield went on her own to check on Mason. According to Jackie, Crutchfield asked him to accompany her, and he did. Jackie testified that when they got to the room, Mason asked, "Why you bitches back here?" Jackie further testified that Mason then became agitated and pulled a pistol.

Latonia testified that after Jackie and Crutchfield went to check on Mason, she heard a commotion, went back to the room, and saw Mason holding a gun. Jackie told the jury that at this point, Crutchfield turned and began to leave, and that he did the same, but that Mason shot him first in the wrist and then in the back as he tried to get away. Latonia testified that she saw these events as well, and that after Jackie went outside, Mason followed him out onto the porch and was still shooting at him. Jackie recounted the same, testifying that Mason grazed his neck with a shot as he and Crutchfield ran across the yard.

According to Latonia, after shooting at Jackie, Mason came back inside, where Latonia was hiding in the dining room, and found her. Latonia told the jury that Mason was holding the gun up at her, and that she grabbed the barrel. Latonia testified that she held onto the barrel, throwing Mason on the dining table, where he said, "Oh bitch, get your ass on out. Come on, get on up out of here." Latonia stated that she continued to hold onto the barrel and pulled Mason out the back door, where she fell on the steps. She also testified that Mason hit her on the head with the gun. Latonia then stated that Jackie came back, and Mason said, "I'm fixing to kill you." Jackie testified that he heard Mason saying to Latonia, "I'm going to kill you, I'm going to kill you," and that Latonia was saying, "Please don't shoot me. Please don't shoot me." Marie Holmes, a neighbor, testified that she saw a man chasing a woman with a gun and heard him threaten to kill her. Both Jackie and Latonia testified that Mason then followed them outside for a time and had the pistol in his possession. The Johnsons testified that they then went inside a house and called 911.

Mason was accused of causing injuries to Jackie and Latonia. He was charged in Count I with battery in the first degree by means of a firearm for the injuries to Jackie, in Count II with battery in the first degree by means of a firearm for the injuries to Latonia, in Count III with possession of a firearm by certain persons, and in Count IV with terroristic threatening in the first degree. On May 10, 2002, Count III, the charge of possession of a firearm by certain persons was severed. On August 13, 2002, the State moved for a continuance to have sufficient time to obtain information on Mason's former out-of-state convictions; the motion was granted as to Counts I, II, and IV. This meant that Count III, possession of a firearm by certain persons, was tried first. That trial resulted in a not-guilty verdict. Based on this verdict, Mason moved on November 12, 2002, that Counts I, II, and IV be dismissed, based on collateral estoppel and Ark.Code Ann. § 5-1-113(2)(Repl.1997). The motion was denied, and the circuit court noted that the issue was subject to the "Blockburger test."¹ Count II was dismissed by the circuit court pursuant to Mason's motion for a directed verdict.

Terroristic Threatening

Mason argues that there was insufficient evidence to support his conviction for terroristic threatening. The test for determining the sufficiency of the evidence is whether the verdict is supported by substantial evidence, direct or circumstantial. Smith v. State, 352 Ark. 92, 98 S.W.3d 433 (2003). Substantial evidence is evidence forceful enough to compel a conclusion one way or the other beyond suspicion or conjecture. Id. When a defendant challenges the sufficiency of the evidence convicting him, the evidence is viewed in the light most favorable to the State, and only evidence supporting the verdict will be considered. Id.

The evidence in the case before us showed that Mason came out of the back room of the house, and that everyone fled from him. Latonia engaged in a physical fight with Mason in which she was forced out the door and fell on the steps to the porch. During the course of this fight, Mason was reported to have said, "Oh bitch, get your ass on out. Come on, get on up out of here," as well as, "I'm fixing to kill you." Jackie testified that he heard Mason saying to Latonia, "I'm going to kill you, I'm going to kill you," and that Latonia was pleading for her life. Also, the neighbor, Marie Holmes, testified that she saw Mason chasing a lady and heard him threaten to kill her.

A person commits first-degree terroristic threatening if, with the purpose of terrorizing another person, he or she threatens to cause death or serious physical injury or substantial property damage to another person. Ark.Code Ann. § 5-13-301(a)(1)(A)(Repl.1997). See also Proctor v. State, 349 Ark. 648, 79 S.W.3d 370 (2002). Mason threatened to cause death and made the threat in the course of a physical attack on Latonia, Jackie, and Crutchfield. Thus, there was a threat, and, as required, it was communicated to the victim Latonia, in this case directly by Mason. See Smith v. State, 296 Ark. 451, 757 S.W.2d 554 (1988); see also Knight v. State, 25 Ark.App. 353, 758 S.W.2d 12 (1988). It also must be a threat intended to terrorize. Id.

Evidence that a person is in a fight, is being forced out of the house, is threatened with death, and pleads for her life constitutes substantial evidence in support of a conviction for first-degree terroristic threatening because there is substantial evidence that the necessary threat was made, as well as an intent that the victim be terrorized by the threat. See Sanders v. State, 326 Ark. 415, 932 S.W.2d 315 (1996). We affirm Mason's conviction and sentence for terroristic threatening.

Former Decision on Possession of a Firearm by Certain Persons

Mason alleges that his conviction for battery in the first-degree by means of a firearm must be reversed based on res judicata, specifically under the collateral estoppel² or issue-preclusion facet of res judicata. Mason asserted that it was determined in his prior criminal trial for felon in possession of a firearm that he did not possess a firearm at the time of the events at issue in this case; and, therefore, the State may not again try to prove that he possessed a firearm.

In criminal cases, a bar to prosecution is most often based on double jeopardy principles. The application of principles of res judicata in criminal cases is less common. The application of res judicata has a confused and checkered history and merits a detailed discussion, because the principles of double jeopardy are sometimes confused with res judicata and improperly included in discussions of res judicata. We take this opportunity to clarify...