Mitchell v. State
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Cite as 2011 Ark. App. 397
ARKANSAS COURT OF APPEALS
DIVISION III
CACR10-1037
No.
Opinion Delivered
June 1, 2011
THEODIS MITCHELL, JR.
APPELLANT
APPEAL FROM THE ARKANSAS
COUNTY CIRCUIT COURT
[NO. CR-2009-133]
V.
HONORABLE DAVID HENRY,
JUDGE
STATE OF ARKANSAS
APPELLEE
AFFIRMED
JOHN MAUZY PITTMAN, Judge
Theodis Mitchell, Jr., was tried by a jury and found guilty of multiple criminal offenses.
On appeal, he challenges the sufficiency of the evidence to support his convictions of firstdegree criminal mischief and attempted commercial burglary. Because these issues have not
been preserved for appeal, we affirm the convictions without addressing the merits of the
arguments.
In order to preserve for appeal any argument pertaining to the sufficiency of the
evidence to support a jury verdict in a criminal case, the defendant must make a specific
motion for a directed verdict of acquittal at the close of the evidence presented by the
prosecution and again at the close of all of the evidence. Ark. R. Crim. P. 33.1(a) & (c). The
failure to make the challenge at the times and in the manner required by the rule will
constitute a waiver of any question pertaining to the sufficiency of the evidence. Ark. R.
Crim. P. 33.1(c).
Cite as 2011 Ark. App. 397
Here, appellant moved for directed verdicts at the close of the State’s case and again
at the close of his own proof. However, the State then presented a rebuttal witness, but
appellant did not thereafter renew his directed-verdict motions. Under these circumstances,
appellant has failed to preserve any sufficiency issue for appeal, and we are precluded from
appellate review of the arguments now made. Doss v. State, 351 Ark. 667, 97 S.W.3d 413
(2003).
Affirmed.
V AUGHT, C.J., and W YNNE, J., agree.
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