Pearson v. State, CR
| Decision Date | 25 November 1991 |
| Docket Number | No. CR,CR |
| Citation | 307 Ark. 360,819 S.W.2d 284 |
| Parties | Marvin Gene PEARSON, Appellant, v. STATE of Arkansas, Appellee. 91-154. |
| Court | Arkansas Supreme Court |
Jack Martin, Deputy Public Defender, Bentonville, for appellant.
Sandy Moll, Asst. Atty. Gen., Little Rock, for appellee.
On December 24, 1989, the appellant, Marvin Gene Pearson, entered the trailer of his ex-wife, Janet Pearson, wearing a ski mask and carrying a sawed-off shotgun. His ex-wife, two daughters, a granddaughter, and his son-in-law were present. The appellant threatened death or injury to all present. He was recognized by his son-in-law and eventually took off his mask. He then shoved Janet Pearson against the refrigerator and hit her with the butt of the shotgun. Following that, he forced everyone to the back of the trailer except his ex-wife, whom he took into the bedroom.
One of the daughters called the police. When the officers arrived, the appellant coerced Janet Pearson at gunpoint to leave with him in her truck. She drove while the appellant held the shotgun to her head, and the police gave chase. At some point the appellant decided to change seats with his ex-wife, and this caused the truck to run off the road and into a fence. Janet Pearson left the truck and ran to a nearby police car. The appellant escaped from the wreck and was apprehended several weeks later in Phoenix, Arizona.
The state charged the appellant with multiple crimes, including kidnapping, burglary, terroristic threatening, aggravated assault, felon in possession of a firearm, and fleeing, all of which resulted from the episode just described. He was found not guilty of possession of a firearm, and the fleeing charge was nolle prossed. The appellant was convicted of the remaining charges and sentenced to twenty years for kidnapping, ten years for burglary, six years for terroristic threatening, and one year for assault.
Two issues are raised on appeal, but, finding no merit in either, we affirm.
The appellant first argues that the trial court erred in not giving AMI Crim. 1702-P, relating to whether the appellant released Janet Pearson voluntarily at the scene of the accident. In this regard, the appellant testified that he let her go unharmed after the wreck. He failed, however, to proffer an instruction. He further failed to abstract the desired instruction as part of his appeal. These lapses are fatal to his argument on appeal.
We have held that the failure to proffer an instruction results in the issue's not being preserved for appeal. See, e.g., Hart v. State, 301 Ark. 200, 783 S.W.2d 40 (1990). Moreover, failure to...
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...S.W.3d 553;Robertson v. State, 2009 Ark. 430, 347 S.W.3d 460;Wallace v. State, 326 Ark. 376, 931 S.W.2d 113 (1996); Pearson v. State, 307 Ark. 360, 819 S.W.2d 284 (1991); Hart v. State, 301 Ark. 200, 783 S.W.2d 40 (1990). Moreover, it is Appellant's burden to proffer the instruction to the ......
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...held numerous times that the failure to proffer an instruction results in the issue's not being preserved for appeal. Pearson v. State, 307 Ark. 360, 819 S.W.2d 284 (1991); Hart v. State, 301 Ark. 200, 783 S.W.2d 40 (1990). Because the record on appeal is confined to that which is abstracte......
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...of excessive sentences in the trial court). The Arkansas Supreme Court therefore affirmed the convictions. See Pearson v. State, 307 Ark. 360, 819 S.W.2d 284, 285-86 (1991). I. In 1994, Mr. Pearson petitioned in federal court for habeas corpus relief under 28 U.S.C. § 2254(a). In that petit......
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Pearson v. Norris, 94-3128
...36.4 (hereafter Rule 36.4)). Pearson passed up that opportunity. His conviction was affirmed in November 1991. Pearson v. State, 307 Ark. 360, 819 S.W.2d 284 (1991). Effective January 1, 1991, Arkansas adopted a rule requiring ineffective assistance claims to be brought after a convict's di......