Pratt v. State
| Decision Date | 30 September 2004 |
| Docket Number | No. CR 03-1407.,CR 03-1407. |
| Citation | 194 S.W.3d 183 |
| Parties | Thomas Lee PRATT, Appellant, v. STATE of Arkansas, Appellee. |
| Court | Arkansas Supreme Court |
Dwain Oliver, Hampton, for Appellant.
Mike Beebe, Att'y Gen., by Valerie L. Kelly, Ass't Att'y Gen., Little Rock, for Appellee.
Appellant, Thomas Lee Pratt, was convicted of rape and was sentenced to life imprisonment in the Arkansas Department of Correction. This conviction stems from the rape of G.B., who was three years old at the time that the offense occurred.
On November 12, 2002, G.B. told her babysitter, Tricia Margrave, that appellant had raped her. Ms. Margrave contacted G.B.'s parents. Law enforcement officials were also notified. In an interview with the State Police, G.B. once again described appellant's actions. G.B. told an investigator that appellant instructed her to put her hands on his penis. She also told the investigator that appellant put his finger in her vagina.
On the evening of the incident, appellant turned himself into the Hot Springs Police Department. The next day, Will Steed, an officer with the Clark County Sheriff's Department, went to Garland County to transport appellant back to Clark County. Officer Steed informed appellant of his Miranda rights, and appellant signed a form acknowledging that he understood his rights. Thereafter, appellant confessed to raping G.B. Specifically, appellant told Officer Steed that while he was masturbating and looking at pornographic material on the Internet G.B. entered the room. After giving G.B. instructions on masturbation, appellant had G.B. touch his penis. Appellant also told Officer Steed that G.B. "licked his penis" and that in an effort to get G.B. to put her mouth on his penis, he put peanut butter on it. Finally, appellant told Officer Steed that he put his finger inside G.B.'s vagina and rubbed her anus.
On November 18, 2002, a criminal information was filed charging appellant with rape in violation of Ark.Code Ann. § 5-14-103 (Supp.2001). On August 1, 2003, appellant filed a motion seeking to suppress the statements that he made to law enforcement officials. On the same day, appellant filed motions seeking to determine whether G.B. was competent to testify and seeking to suppress evidence obtained during the State Police's interview with G.B.
On August 4, 2003, a hearing was held on appellant's motions. After hearing the evidence and considering the arguments, the trial court denied appellant's motions to suppress. The trial court also concluded that G. B.'s statements possessed sufficient guarantees of trustworthiness and relying on Rule 804 of the Arkansas Rules of Evidence, found that G.B. did not have to undergo cross-examination.
On August 25, 2003, appellant's jury trial was held in Clark County Circuit Court. At the close of the evidence, appellant's attorney made a general motion for a directed verdict. The trial court denied appellant's motion. The trial court also denied appellant's request for two jury instructions on offenses that appellant considered to be lesser-included offenses of rape. Thereafter, the jury found appellant guilty, and he was sentenced.
It is from this conviction that appellant appeals. On appeal, appellant raises four points for our consideration, and we affirm the trial court on all points.
In his fourth point on appeal, appellant argues that the trial court erred when it denied his request for a directed verdict. A motion for a directed verdict is a challenge to the sufficiency of the evidence. Smith v. State, 352 Ark. 92, 98 S.W.3d 433 (2003). Although appellant raises this issue as his final point on appeal, double-jeopardy considerations require us to consider a challenge to the sufficiency of the evidence before other points are raised. Bowen v. State, 342 Ark. 581, 30 S.W.3d 86 (2000). In Beavers v. State, 345 Ark. 291, 46 S.W.3d 532 (2001), we outlined the standard of review that we follow when the sufficiency of the evidence is challenged. We wrote:
When a defendant makes a challenge to the sufficiency of the evidence on appeal, we view the evidence in the light most favorable to the State. Evidence, whether direct or circumstantial, is sufficient to support a conviction if it is forceful enough to compel reasonable minds to reach a conclusion one way or the other. On appeal, this court does not weigh the evidence presented at trial, as that is a matter for the fact-finder; nor do we assess the credibility of the witnesses.
Id. (internal citations omitted).
Rule 33.1 of the Arkansas Rules of Criminal Procedure explains the procedure a criminal defendant must follow when making a proper motion for directed verdict. The Rule provides:
(a) In a jury trial, if a motion for directed verdict is to be made, it shall be made at the close of the evidence offered by the prosecution and at the close of all of the evidence. A motion for directed verdict shall state the specific grounds therefor.
* * *
(c) The failure of a defendant to challenge the sufficiency of the evidence at the times and in the manner required in subsections (a) and (b) above will constitute a waiver of any question pertaining to the sufficiency of the evidence to support the verdict or judgment. A motion for directed verdict or for dismissal 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 does not preserve for appeal issues relating to a specific deficiency such as insufficient proof on the elements of the offense.
Id. (emphasis added).
Rule 33.1 is strictly construed. Grady v. State, 350 Ark. 160, 85 S.W.3d 531 (2002). Based on the language in Rule 33.1, we have explained that in order to preserve a challenge to the sufficiency of the evidence, an appellant must make a specific motion for a directed verdict that advises the trial court of the exact element of the crime that the State has failed to prove. Beavers, supra. The reason underlying our requirement that specific grounds be stated and that the absent proof be pinpointed is that it allows the trial court the option of either granting the motion, or, if justice requires, may allow the State to reopen its case and supply the missing proof. Grady, supra. Finally, we have held that a general motion that merely asserts that the State has failed to prove its case is inadequate to preserve the issue for appeal. See id; Beavers, supra.
Mindful of the foregoing principles, we now consider whether the directed-verdict motion made by appellant's attorney preserved for appeal the issue of the sufficiency of the evidence. At the close of the State's case-in-chief, the following colloquy occurred:
After reviewing the motions made by appellant's attorney, we conclude that they do not comply with Rule 33.1. Specifically, appellant's motion requesting a directed verdict was a general challenge to the sufficiency of the evidence. In the motion, appellant's attorney failed to identify a specific element of the crime that was not established by the State. Additionally, the motion did not assert a specific flaw in the State's case. Because appellant's motion for directed verdict was general and did not inform the trial court of the specific issues in the State's case that were being challenged, it did not comply with the requirements of Rule 33.1. Because we require a strict interpretation of that rule, we cannot consider appellant's sufficiency argument on appeal.
Appellant next argues that the trial court erred when it denied his motion to suppress statements that he made to law enforcement officials while he was in custody. Appellant argues that his statement should have been suppressed because he did not "expressly" waive his Miranda rights.
In our review of a trial court's ruling on the voluntariness of a confession we make an independent determination based upon the totality of the circumstances. Grillot v. State, 353 Ark. 294, 107 S.W.3d 136 (2003). A statement made while in custody is presumptively involuntary, and the burden is on the State to prove by a preponderance of the evidence that a custodial statement was given voluntarily and was knowingly and intelligently made. Standridge v. State, 357 Ark. 105, 161 S.W.3d 815 (2004). In order to determine whether a waiver of Miranda rights is voluntary, we look to see if the confession was the product of free and deliberate choice rather than intimidation, coercion, or deception. Id.
To determine whether the trial court erred when it denied appellant's motion to suppress, we must review the facts surrounding appellant's statement. At the suppression hearing, Will Steed, a criminal investigator with the Clark County Sheriff's Department, testified. Mr. Steed transported appellant from Garland County to Clark County on November 13, 2002. Prior to leaving Clark County, Mr. Steed informed appellant of his Miranda rights and appellant signed a statement-of-rights form acknowledging that he understood his rights. Mr. Steed further testified that in his opinion appellant understood his Miranda rights and chose to waive them. Thereafter, appellant confessed to raping G.B. Appellant's confession was audiotaped and transcribed. At the time the confession was made, Mr. Steed and appellant were alone in the car. Mr. Steed testified that he did not make any threats or promises to appellant in exchange for his confession. Based on the totality of the circumstances, we conclude that appel...
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