Reed v. State, 012920 ARCA, CR-19-330

Docket Nº:CR-19-330
Opinion Judge:BRANDON J. HARRISON, JUDGE
Party Name:LONNIE ALLEN REED APPELLANT v. STATE OF ARKANSAS APPELLEE
Attorney:William R. Simpson, Jr., Public Defender, by: Clint Miller, Deputy Public Defender, for appellant. Leslie Rutledge, Att'y Gen., by: Rachel Kemp, Sr. Ass't Att'y Gen., for appellee.
Judge Panel:Gladwin and Whiteaker, JJ., agree.
Case Date:January 29, 2020
Court:Court of Appeals of Arkansas

2020 Ark.App. 49

LONNIE ALLEN REED APPELLANT

v.

STATE OF ARKANSAS APPELLEE

No. CR-19-330

Court of Appeals of Arkansas, Division III

January 29, 2020

APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, FIRST DIVISION [NO. 60CR-16-2841] HONORABLE LEON N. JOHNSON, JUDGE

William R. Simpson, Jr., Public Defender, by: Clint Miller, Deputy Public Defender, for appellant.

Leslie Rutledge, Att'y Gen., by: Rachel Kemp, Sr. Ass't Att'y Gen., for appellee.

BRANDON J. HARRISON, JUDGE

The issue here is whether we should judicially notice information obtained from the internet. The information Lonnie Reed asks us to accept as a so-called "adjudicative fact" is the time that Google Maps estimates it takes a car to travel from one place to another. Specifically, Reed asked the circuit court to instruct the jury on the typical route and estimated driving time it takes a person to travel by car from his alibi location (a tire shop) to the crime scene (a pharmacy). The obvious point of the request was to challenge the State's timeline of events. The court declined to do so. Reed appeals that decision.

I.

In 2016, the State of Arkansas charged Reed with several crimes related to an armed robbery of Express RX Pharmacy, which is located near the intersection of Mississippi Street and Cantrell Road in Little Rock. Around 6:52 p.m. on 6 July 2016, a white male who was approximately 5'8" tall and wearing a black bandana across the bridge of his nose entered the pharmacy, pulled out a gun, and demanded all the Dilaudid and Oxycodone1 the pharmacist had. The pharmacist put the bottles of Dilaudid and Oxycodone in a green plastic basket on the pharmacy counter. The gunman picked up the basket, walked toward the exit of the store, dumped the contents of the basket into the front of his shirt, and "threw the green basket in the floor right inside the building before he left." A partial latent fingerprint recovered from the green basket was recovered at the crime scene, and it matched a print of Lonnie Reed's right middle finger. Surveillance video captured the events.

During his jury trial, Reed presented an alibi defense: he was buying tires at Tire Market, on 16717 MacArthur Drive, in North Little Rock when the robbery occurred. Tire Market owner Jerry Ford testified that he sold Reed $376.90 in new tires on 6 July 2016 (the day of the robbery). According to Ford, his typical business hours are 8:00 a.m. to 5:00 p.m., but he had stayed open late, and Reed "was in the process of leaving" the tire store around 6:40 p.m. When defense counsel stated, "So he [Reed] was leaving your shop at 6:40[?]" Ford replied, "Yes." As evidence, Reed presented Ford's handwritten receipt containing Reed's name, address, dated "7-6-16," and time-stamped "6:40." On redirect and recross-examination, Ford said that it may have been "a little after" 6:40 p.m. when Reed left the tire shop.

Reed proffered two jury instructions to the Pulaski County Circuit Court that related to his alibi defense. The first proffer was a map and directions printed from Google Maps, which showed a route starting at the tire shop (16717 MacArthur Drive, North Little Rock) and ended at Express RX Pharmacy (7612 Cantrell Road, Little Rock). The document states: "Drive 12.5 miles, 14-18 min." A disclaimer appears on the document that was printed from Google Maps. It states: These directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may cause conditions to differ from the map results, and you should plan your route accordingly.

The...

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