Thomas J. Bass v. State of Arkansas
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ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
JOHN MAUZY PITTMAN, CHIEF JUDGE
DIVISION III
CACR07184
November 28, 2007
THOMAS J. BASS
APPELLANT
APPEAL FROM DREW COUNTY
CIRCUIT COURT [NO. CR2006151]
V.
HON. SAM POPE,
JUDGE
STATE OF ARKANSAS
AFFIRMED
APPELLEE
Appellant Thomas J. Bass was convicted of three counts of aggravated robbery. On
appeal, he concedes that he committed the robberies, but argues that the evidence is
insufficient to show that they were aggravated because he made no threats and merely kept
one hand in his coat pocket. We affirm.
A person commits the offense of aggravated robbery if he commits robbery as defined
in Ark. Code Ann. § 512102 and he is armed with a deadly weapon or represents by word
or conduct that he is so armed. Ark. Code Ann. § 512103(a)(1) and (2) (Repl. 2006). The
test for determining sufficiency of the evidence is whether substantial evidence, direct or
circumstantial, supports the verdict. Hall v. State, 361 Ark. 379, 206 S.W.3d 830 (2005).
Substantial evidence is evidence of sufficient certainty and precision to compel a conclusion
one way or another and pass beyond mere suspicion or conjecture. Id. On appeal, we
review the evidence in the light most favorable to the State and consider only the evidence
that supports the verdict. Id.
Here, there was substantial evidence that appellant pointed his jacket at the victims
with his hand in his pocket and demanded that they open their cash registers. All three of
the clerks thought that appellant had a gun. Pointing a jacket at a clerk in a manner
insinuating that one has a gun is a sufficient representation that a person is armed under the
aggravated robbery statute when this conduct causes the victim to reasonably believe that the
person is armed. Edwards v. State, 360 Ark. 413, 201 S.W.3d 909 (2005).
Affirmed.
GRIFFEN and MARSHALL, JJ., agree.
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CACR07184
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