Smith v. State

• Citation: 669 S.W.2d 201,282 Ark. 535
• Decision Date: 29 May 1984
• Docket Number: No. CR,CR
• Parties: Virginia M. SMITH, Appellant, v. STATE of Arkansas, Appellee. 83-135.
• Court: Supreme Court of Arkansas

Page 201

669 S.W.2d 201

282 Ark. 535

Virginia M. SMITH, Appellant, v. STATE of Arkansas, Appellee.

No. CR 83-135.

Supreme Court of Arkansas.

May 29, 1984.

Daniel D. Becker, Hot Springs, for appellant.

Steve Clark, Atty. Gen. by Patricia G. Cherry, Asst. Atty. Gen., Little Rock, for appellee.

PER CURIAM.

Appellant Virginia M. Smith was convicted by a jury in March, 1983, of first degree murder, Ark.Stat.Ann. § 41-1502 (Repl.1977). She was sentenced to life imprisonment in the Arkansas Department of Correction. It is from that conviction that appellant brings this appeal.

Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), appellant's counsel has filed a motion to be relieved and a brief stating there is no merit to the appeal. Appellant was notified of her right to file a pro se brief within 30 days. See Rules of the Supreme Court and Court of Appeals, Rule 11(h), Ark.Stat.Ann. Vol. 3A (Supp.1983). She did not file a brief. The State concurs that the appeal has no merit.

There was conflicting testimony in pretrial hearings from medical experts regarding appellant's mental condition. After all the testimony was taken, the trial court found that appellant was competent to stand trial. It left the question of whether appellant was legally responsible for her conduct at the time of the crime to the jury. An instruction was given on intoxication as a defense. When confronted with conflicting testimony from expert as well as other witnesses on the issues of fitness to proceed and legal responsibility for a criminal act, the finder of fact is the sole judge of the credibility of the witnesses. Curry v. State, 272 Ark. 291, 613 S.W.2d 829 (1981); Gruzen v. State, 267 Ark. 380, 591 S.W.2d 342 (1979). On appeal, we uphold the findings if there is substantial evidence to support them when the evidence is viewed in the light most favorable to the appellee. Curry v. State. Substantial evidence is evidence of sufficient force and character to compel a conclusion of reasonable and material certainty. Fountain v. State, 273 Ark. 457, 620 S.W.2d 936 (1981). Here, we find that the psychiatric examination of the appellant which indicated that she was probably sane was substantial evidence that appellant understood the charges against her and could assist her counsel in defending her. We also find substantial evidence to support the jury's finding that appellant was legally responsible for her conduct at the time the crime was committed.

There was also evidence to support the jury's finding that appellant committed the crime despite the fact that there were no eyewitnesses to the bludgeoning of the victim. The evidence indicated that appellant was at the scene of the murder immediately before and after the victim was killed. Tape recordings of telephone calls made by the appellant to the police on the day of the murder were introduced in which appellant threatened to kill the victim. Appellant was seen spattered with blood and the victim's wallet was found in her purse. She gave false statements as to the ownership of the wallet and said the blood on her was only red dye. False and improbable statements explaining suspicious circumstances such as the ones made by appellant are admissible as proof of guilt. Jones v. State, 61 Ark. 88, 32 S.W. 81 (1895). Guilt may also be proved even in the absence of an eyewitness by circumstantial evidence. Evidence of guilt is no less substantial because it is circumstantial. Surridge v. State, 279 Ark. 183, 650 S.W.2d 561 (1983). The jury was correctly instructed that circumstantial evidence must be consistent with the defendant's guilt and inconsistent with any other reasonable conclusion. The evidence against appellant was clearly consistent with her guilt.

In an inventory of the contents of appellant's purse at the police station, the victim's wallet and driver's license were found. The contents of the purse were found admissable over appellant's objection as the product of the inventory search. Criminal Procedure Rule 12.2 provides that police officials may conduct a search of the accused's personal effects which are "ready to hand." As appellant's purse was in her possession at the police station, it was not improper to search it.

When a police officer arrived at the house where the victim was murdered, he asked appellant how she had gotten blood all over her. She answered that she had gotten blood on herself at work. Appellant moved to suppress the statement and two others made after she was arrested. At the time appellant made the pre-arrest statement she was not in custody and not a suspect. There is no requirement that a person be advised of her constitutional rights before a noncustodial statement is admissible. See Davis v. State, 275 Ark. 264, 630 S.W.2d 1 (1982). The remaining statements were made at the police station after appellant's arrest and after she had been advised of her rights. In response to an inquiry about the owner of the wallet in her purse, appellant said it belonged to the victim. She explained that she had cashed a check for him to pay some bills. After being advised of her rights a second time, an officer told appellant that her photograph would be taken to record the bloodstains on her. She said that the stains were red dye. Her attorney was present when both statements were made. Neither appellant's explanation of her possession of the wallet nor the reason for the stains was given in response to a direct question. The voluntary spontaneous statements made by suspect after being advised of her rights may be used against her. See Little v. State, 261 Ark. 859, 554 S.W.2d 312 (1977), cert. denied, 435 U.S. 957, 98 S.Ct. 1590, 55 L.Ed.2d 809 (1978), reh. denied, 436 U.S. 923, 98 S.Ct. 2275, 56 L.Ed.2d 766 (1978). On appeal, this Court makes an independent determination of the voluntariness of statements based on the totality of the circumstances. The decision of the trial court as to voluntariness will be upheld unless...