McCoy v. State, CR
| Decision Date | 30 September 1996 |
| Docket Number | No. CR,CR |
| Citation | 929 S.W.2d 712,326 Ark. 104 |
| Parties | Leroy King McCOY, Appellant, v. STATE of Arkansas, Appellee. 96-514. |
| Court | Arkansas Supreme Court |
Herbert T. Wright, Little Rock, for appellant.
Vada Berger, Assistant Attorney General, Little Rock, for appellee.
Leroy King McCoy was convicted of delivery of a controlled substance. Ark.Code Ann. § 5-64-401(a) (Supp.1995). He was sentenced to 40 years' imprisonment and fined $5,000. He was sentenced to an additional ten years' imprisonment in accordance with Ark.Code Ann. § 5-64-411(a)(1)-(2) (Supp.1995). The sentences were ordered to be served consecutively.
Mr. McCoy was arrested after he approached an undercover police informant, who was wearing a body microphone, and asked him what he wanted. The informant indicated he wanted "a twenty," meaning twenty dollars' worth of drugs. He was told by Mr. McCoy to drop the money and drive around the block. The informant dropped twenty dollars on the ground and drove away. When he returned, Mr. McCoy indicated a styrofoam cup. The informant retrieved the cup, and it contained rock cocaine which was turned over to police officers who had monitored the transaction.
Mr. McCoy's sole point on appeal is that the evidence was insufficient to convict him because there was no showing that he (1) possessed or controlled cocaine, (2) transferred cocaine, directly or through an agent, to the informant, or (3) received money or anything of value from the informant.
We decline to consider the argument because Mr. McCoy's directed verdict motion was not specific. It mentioned none of the points now being raised. Counsel only stated there was insufficient evidence without specifying the manner in which it was insufficient or the element(s) of the offense alleged not to have been proven by the State. Arkansas R.Crim.P. 33.1. provides, in part:
... A motion for a directed verdict based on insufficiency of the evidence must specify the respect in which the evidence is deficient; a motion merely stating that the evidence is insufficient for conviction does not preserve for appeal issues relating to a specific deficiency such as insufficient proof on the elements of the offense....
We have so held in a number of cases including Stewart v. State, 320 Ark. 75, 894 S.W.2d 930 (1995), and Walker v. State, 318 Ark. 107, 883 S.W.2d 831 (1994)(decision under prior Rule 36.21(b)).
Affirmed.
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Khabir v. State
...of a park, the sentence was enhanced pursuant to Arkansas Code Annotated section 5–64–411(a) (Supp.1995). We affirmed. McCoy v. State, 326 Ark. 104, 929 S.W.2d 712 (1996).On July 15, 2014, petitioner filed the instant motion, seeking at public expense a copy of the appellant's brief-in-chie......
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Khabir v. Hobbs
...a park, his sentence was enhanced pursuant to Arkansas Code Annotated section 5-64-411(a) (Supp. 1995). We affirmed. McCoy v. State, 326 Ark. 104, 929 S.W.2d 712 (1996). Subsequently, appellant filed in the circuit court a timely petition for postconviction relief pursuant to Arkansas Rule ......
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Dixon v. State
...case must state the specific ground of the motion. See, e.g., Lovelady v. State, 326 Ark. 196, 931 S.W.2d 430 (1996); McCoy v. State, 326 Ark. 104, 929 S.W.2d 712 (1996); Haltiwanger v. State, 322 Ark. 764, 912 S.W.2d 418 (1995); Stewart v. State, 320 Ark. 75, 894 S.W.2d 930 In the present ......
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Watson v. State, CA CR 06-613 (Ark. App. 12/20/2006), CA CR 06-613
...not proven by the State, his challenge to the sufficiency of the evidence is not preserved for appellate review. See McCoy v. State, 326 Ark. 104, 929 S.W.2d 712 (1996). Because appellant here failed to specify how the evidence was deficient or which elements of the charges the State failed......