Stacy R. King v. State of Arkansas
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Judge Miller’s unpublished opinion for
December 5, 2007
DIVISION II
CACR060952
December 5, 2007
STACY R. KING
v.
AN APPEAL FROM THE UNION
COUNTY CIRCUIT COURT
[CR052491]
STATE OF ARKANSAS
APPELLEE
HONORABLE HAMILTON HOBBS
SINGLETON, JUDGE
APPELLANT
AFFIRMED
A Union County jury found appellant Stacy King guilty of committing three counts
of delivery of a controlled substance, cocaine. He was sentenced to serve 180 years in prison
and ordered to pay $25,000 in fines for each count. On appeal, King challenges the
sufficiency of the evidence supporting his convictions. We affirm.
In December 2004, the El Dorado Police Department used a cooperating individual,
Charles Robinson, to make three controlled cocaine buys from King. The buys occurred on
December 7, 10, and 20. Prior to each buy, the officers photocopied the buy money,
searched Robinson and his vehicle, and fitted Robinson with audio and video surveillance
equipment. After each buy, Robinson met the officers, turned over his purchase, and
recounted what occurred during the buy.
CACR06952
At King’s trial, Robinson identified King as the person who sold him cocaine on each
of the three occasions. Randy Connelly, an officer with the El Dorado Police Department,
testified that, following each buy, the surveillance equipment was secured and the video of
the buy was downloaded onto a CDR and edited to depict only what transpired during the
drug transaction. He stated that the video and audio corroborated and verified what
Robinson said had occurred during each buy. A DVD depicting the condensed version of
each buy was introduced into evidence. Connelly testified that the DVD reasonably depicted
what was on the long version of the videos.
At the close of the State’s case, King moved for directed verdict challenging the
sufficiency of the evidence to support the charges. He argued that the video failed to depict
an exchange of drugs and money. The trial court denied King’s motion and King renewed
his motion at the close of his case. The trial court again denied the motion and King was
convicted and sentenced. King now argues that the trial court erred when it denied his
motion for directed verdict.
A motion for directed verdict is a challenge to the sufficiency of the evidence.
Wingfield v. State, 363 Ark. 380, 214 S.W.3d 843 (2005). On appeal from the denial of a
motion for directed verdict, the sufficiency of the evidence is tested to determine whether the
verdict is supported by substantial evidence, direct or circumstantial. Hutcheson v. State, 92
Ark. App. 307, 213 S.W.3d 25 (2005). Circumstantial evidence may provide the basis for
support of the appellant’s conviction, but it must be consistent with the appellant’s guilt and
inconsistent with any other reasonable conclusion. Id. Substantial evidence is that which
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is forceful enough to compel reasonable minds to reach a conclusion one way or the other
and permits the trier of fact to reach a conclusion without having to resort to speculation and
conjecture. Dodson v. State, 358 Ark. 372, 191 S.W.3d 511 (2004). This court considers
only the evidence supporting the guilty verdict, and the evidence is viewed in the light most
favorable to the State. Hutcheson, supra.
On appeal, King challenges Robinson’s and Connelly’s credibility. This argument
is not preserved for appeal because King failed to raise it at trial. We do not consider
arguments raised for the first time on appeal, and a party is bound on appeal by the nature
and scope of the objections and arguments presented at trial. Thomas v. State, 92 Ark. App.
425, 214 S.W.3d 863 (2005).
Even if we were to address King’s argument, we would affirm because it is the job
of the jury, as fact finder, to weigh inconsistent evidence and to make determinations in
credibility. Brown v. State, 95 Ark. App. 348, 195 S.W.3d 370 (2006). Here, the jury
properly reviewed the testimony of Robinson and Connelly and found it credible. When the
testimony is considered, along with the video of the transactions, it is clear that the jury did
not have to resort to speculation and conjecture to find King guilty. Therefore, we affirm.
Affirmed.
MARSHALL and VAUGHT, JJ., agree.
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