Leeotis Sims v. State of Arkansas
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Judge Miller’s unpublished opinion for 112807
DIVISION II
CACR061389
November 28, 2007
LEEOTIS SIMS
AN APPEAL FROM THE CLARK
APPELLANT COUNTY CIRCUIT COURT
[CR05
237]
v.
HONORABLE JOHN A. THOMAS,
JUDGE
STATE OF ARKANSAS
APPELLEE
AFFIRMED
Leeotis Sims was convicted by a Clark County jury of two counts of delivering
cocaine. He was sentenced to twenty years’ imprisonment for each count, and his sentences
were each enhanced by ten years’ imprisonment, resulting in an aggregate sentence of sixty
years. He asserts on appeal that the trial court erred by admitting into evidence a transcript
of the original tape recording of the delivery when the original tape was available. He also
asserts that the court erred when it failed to admonish the jury regarding the use of the
transcript. We find no error and affirm.
The evidence at trial showed that Angela Bell was engaged by Gurdon City Marshall
Don Childres to make controlled drug buys from Sims. The buys took place on two separate
occasions, July 14, 2005 and August 10, 2005. Prior to each buy, Childres met with Bell,
searched her and her belongings, gave her twenty dollars for the buy, and placed a tape
recorder into her purse. Childres drove Bell to a designated location, dropped her off, and
then watched her hand Sims the money. Childres watched as Sims handed drugs to Bell.
Bell returned to the car and Childres took possession of the drugs and tape recorder.
Childres testified that the tape recordings were “not the best sounding tape[s], but you
can make out what it says.” He further stated that the transcript corresponded to what was
on the tape.
Bell testified that she purchased $20 worth of crack from Sims on July 14, 2005, and
on August 10, 2005. She said that she had a tape recorder in her purse at the time she bought
the crack from Sims. She listened to the recording of the drug buys and read the transcript
of the recordings. She further testified that the transcript accurately reflected the tape
recordings and that it accurately reflected what was said between her and Sims at the scene
of the taping. The court admitted the transcript into evidence over Sims’ objection, finding
that the transcript would assist the jury in understanding the contents of the tape.
Once the State rested, Sims testified. He stated that it was not his voice on the tape
and that he was not guilty. The jury found him guilty and sentenced him to sixty years in
prison. This appeal followed.
On appeal, Sims first argues that the trial court erred by allowing a transcript of the
audiotape into evidence. We disagree. The admission or rejection of evidence is left to the
sound discretion of the trial court and will not be reversed absent an abuse of discretion.
Davis v. State, 362 Ark. 34, 207 S.W.3d 474 (2005). Transcripts of tape recordings that are
essentially accurate are admissible. Bunn v. State, 320 Ark. 516, 898 S.W.2d 450 (1995).
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Both Childres and Bell testified that the transcript was accurate and Sims did not object to
the transcript’s accuracy. His only objection was that the jury “can go from what they hear
on the tape, rather than someone saying what’s on the tape.” The trial court did not abuse
its discretion by admitting the transcript into evidence.
Sims further argues that the jury should have been admonished regarding the use of
the transcript. The failure to admonish the jury is not prejudicial error when no instruction
or admonition is requested. Gray v. State, 327 Ark. 113, 937 S.W.2d 639 (1997). Sims did
not ask the court to admonish the jury; therefore, he suffered no prejudice.
Affirmed.
HART and GLOVER, JJ., agree.
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