Jason E. Parker v. State of Arkansas
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ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
JOHN B. ROBBINS, JUDGE
DIVISION IV
CACR 07410
DECEMBER 5, 2007
V.
APPEAL FROM THE SEBASTIAN
COUNTY CIRCUIT COURT,
GREENWOOD DISTRICT
[NO. CR2005156G]
STATE OF ARKANSAS
HONORABLE JAMES ROBERT
MARSCHEWSKI, JUDGE
JASON E. PARKER
APPELLANT
APPELLEE
AFFIRMED
Appellant Jason E. Parker appeals his conviction for misdemeanor fleeing, as found
by the Sebastian County Circuit Court, arguing that there is insufficient evidence to support
the conviction. The State counters that the sufficiency of the evidence is not preserved for
review, or alternatively that the State presented sufficient evidence to support the finding of
guilt. We affirm.
Rule 33.1 (b) of the Arkansas Rules of Criminal Procedure provides that:
In a nonjury trial, if a motion for dismissal is to be made, it shall be made at the close
of all of the evidence. The motion for dismissal shall state the specific grounds
therefor. If the defendant moved for dismissal at the conclusion of the prosecution's
evidence, then the motion must be renewed at the close of all of the evidence.
The failure to challenge the sufficiency of the evidence as required in subsection (b)
constitutes a waiver of the sufficiency issue. Ark. R. Crim. P. 33.1(c). Rule 33.1 is strictly
construed. State v. Holmes, 347 Ark. 689, 66 S.W.3d 640 (2002); Christian v. State, 318
Ark. 813, 889 S.W.2d 717 (1994); Bradley v. State, 41 Ark. App. 205, 849 S.W.2d 8 (1993).
In this case, the State rested, and appellant moved for directed verdict, which was
denied. Thereafter, the State presented rebuttal evidence, the State presented closing
argument, and appellant presented closing argument. Appellant failed to renew his motion
for directed verdict at the close of all the evidence, as required by Rule 33.1. Consequently,
appellant’s challenge to the sufficiency of the evidence was not preserved for appellate
review.
Even were we to consider the merits of this argument, we would affirm. Appellant
was convicted of misdemeanor fleeing by means of a vehicle in violation of Ark. Code Ann.
§ 554125 (Repl. 2005), which on these facts required proof that appellant knew that his
immediate detention was being attempted by a law enforcement officer, and that appellant
failed to refrain from fleeing. Appellant’s whole defense rested on the assertion that he was
unaware that the officer was behind him and wanted him to pull over. The State presented
sufficient eyewitness testimony of the officer pursuing appellant that appellant was aware
that the officer was seeking to detain him, and that appellant failed to stop his vehicle and
instead led a chase through town. Any challenge to this evidence would rest on an attack on
the officer’s credibility, which assessments are left to the finder of fact.
We affirm.
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PITTMAN, C.J., and BIRD, J., agree.
3
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