Robert Lee Coleman, Jr. v. State of Arkansas
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DIVISION II
CACR07228
ROBERT LEE COLEMAN, JR.
November 7, 2007
APPELLANT
V.
APPEAL FROM THE MISSISSIPPI
COUNTY CIRCUIT COURT
[NO. CR2006266]
STATE OF ARKANSAS
HON. CINDY GRACE THYER,
CIRCUIT JUDGE
APPELLEE
AFFIRMED
Robert Lee Coleman, Jr., was convicted in a Mississippi County bench trial of two
counts of seconddegree forgery, and he was sentenced as an habitual offender to serve
two concurrent 120 month sentences in the Arkansas Department of Correction. On
appeal Coleman challenges the sufficiency of the evidence concerning his identity as the
perpetrator of the offenses and also argues that the trial court erred in denying his motion
for a severance of the two offenses with which he was charged. We affirm.
Coleman was originally charged with five counts of forging checks belonging to
Teketa Speed and cashing them at convenience stores in Mississippi County on the
sixteenth and seventeenth of April 2006. Ultimately, three of the charges were dismissed,
but Coleman was convicted of cashing checks in the face amounts of $60 and $30 on
consecutive days at Mark’s Exxon in Blytheville.
Coleman first argues that there was insufficient evidence to establish the identity
of the perpetrator so as to enable the trier of fact to reach a conclusion, without having
to resort to speculation and conjecture, that he forged and cashed the checks. He
acknowledges that there was testimony that he confessed to writing the checks, but
asserts that there was no written statement or taped conversation corroborating his alleged
confession. Coleman also concedes that there were surveillance photos admitted into
evidence, but argues that they were “blurry” and in one, the perpetrator’s face is
“obscured.” He also urges us to discount the testimony of Teketa Speed as “so
incoherent as to be unreliable” and to find insubstantial the testimony of Crystal Watson,
the clerk at Mark’s Exxon who cashed the checks, because no attempt was made to have
her identify him as the check writer. We disagree.
When we review a challenge to the sufficiency of the evidence, we view the proof
in the light most favorable to the appellee, and will only consider the evidence that
supports the verdict. Graham v. State, 365 Ark. 274, 146 S.W.3d 392 (2006). Here,
Coleman is essentially asking us to reweigh the evidence, which does not comport with
our standard of review. Accordingly, we give the testimony from Officer Scott Adams
that Coleman confessed that he wrote the checks in question, its highest probative value.
The fact that there was no signed or recorded statement merely goes to the weight that
the trier of fact gives to the testimony, which we will not consider in a challenge to the
sufficiency of the evidence. Tiller v. State, 42 Ark. App. 64, 854 S.W.2d 730 (1993).
Likewise, we note that surveillance photos were admitted into evidence. With
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Coleman present in the courtroom, the trier of fact had the opportunity to compare the
photographs to the accused so that she could determine their value with regard to the
issue of whether or not he cashed the checks. In our review, we do not substitute our
judgment for that of the finder of fact. Id.
Finally, we disagree that Teketa Speed’s testimony was “so incoherent as to be
unreliable.” On review, we defer to the credibility determinations made by the trier of
fact, and we consider only that portion of the testimony that supports the verdict. Id.
Accordingly, Speed’s testimony provided proof that she did not write the checks, that
Coleman had access to the checks when he borrowed her car, and that she did not
authorize him to sign the checks. Thus, under our standard of review, Speed’s testimony
only added to the substantial evidence that Coleman committed the offenses in question.
See Brown v. State, 278 Ark. 604, 648 S.W.2d 67 (1983).
Coleman next argues that the trial judge erred in denying his motion to sever as
the checks were written on different dates and there was insufficient evidence to satisfy
the requirement that they were of a single scheme or plan. He concedes that proximity
in time and place is a factor to be considered, but he asserts that the offenses did not
occur on the same day, which makes the instant case distinguishable from Brown v. State,
304 Ark. 98, 800 S.W.2d 424 (1990), where the supreme court affirmed the denial of a
severance where the crimes occurred only thirty minutes apart and it was necessary in
Brown to present evidence of one crime to prove the other crime. We find this argument
unpersuasive.
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As Coleman notes, Rule 22.2 (a) of the Arkansas Rules of Criminal Procedure
provides that, when two or more offenses have been joined for trial solely on the basis
that they are of the same or similar character and they are not part of a single scheme or
plan, a criminal defendant has a right to have the offenses severed. We review the
decision to sever under an abuse of discretion standard. Garner v. State, 355 Ark. 82,
131 S.W.3d 734 (2003).
We hold that the trial court did not err in refusing to sever the counts because the
forgeries were part of a single scheme or plan. The forgeries were perpetrated at the
same convenience store, occurred less than twentysix hours apart, involved checks
purloined from the same source, and the instruments were signed with the same signature.
See Passley v. State, 323 Ark. 301, 915 S.W. 2d 248 (1996)(upholding a trial court’s
refusal to sever where residential burglaries occurred on different days but involved
substantially similar methods). Accordingly, we affirm on this point as well.
Affirmed.
MILLER and GLOVER, JJ., agree.
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