Johnny Wright v. State of Arkansas
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ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
JOHN B. ROBBINS, JUDGE
DIVISION IV
CACR 07435
DECEMBER 12, 2007
JOHNNY WRIGHT
APPELLANT
APPEAL FROM THE UNION
COUNTY CIRCUIT COURT
[NO. CR200506241]
V.
HONORABLE HAMILTON HOBBS
SINGLETON, JUDGE
STATE OF ARKANSAS
APPELLEE
AFFIRMED
Appellant Johnny Wright was accused of committing a terroristic act, in violation of
Ark. Code Ann. § 513310 (Repl. 2006). A jury in Union County found him guilty,
resulting in a twelveyear prison sentence. He appeals, arguing that there is insufficient
evidence to support his conviction, which he challenged at trial by means of a motion for
directed verdict. Appellant filed a timely notice of appeal to our court seeking appellate
review. We affirm.
On appeal, we treat a motion for a directed verdict as a challenge to the sufficiency
of the evidence. When we review a challenge to the sufficiency of the evidence, we will
affirm the conviction if there is substantial evidence to support it, when viewed in the light
most favorable to the State. Bangs v. State, 338 Ark. 515, 998 S.W.2d 738 (1999).
Substantial evidence is that which is of sufficient force and character that it will, with
reasonable certainty, compel a conclusion one way or the other, without mere speculation
or conjecture. The evidence may be either direct or circumstantial. Only evidence
supporting the verdict will be considered. Circumstantial evidence can provide the basis to
support a conviction, but it must be consistent with the defendant's guilt and inconsistent
with any other reasonable conclusion. Id. Whether the evidence excludes every hypothesis
is left to the jury to decide. McDole v. State, 339 Ark. 391, 6 S.W.3d 74 (1999);Williams
v. State, 338 Ark. 97, 991 S.W.2d 565 (1999). The trier of fact is free to believe all or part
of a witness's testimony. Moreover, the credibility of witnesses is an issue for the jury and
not for this court. Bangs, supra. The jury may resolve questions of conflicting testimony
and inconsistent evidence and may choose to believe the State's account of the facts rather
than the defendant's. Stewart v. State, 338 Ark. 608, 999 S.W.2d 684 (1999).
As charged in this case, appellant was accused of committing a terroristic act by
shooting at an occupiable structure with the purpose to cause injury to a person or damage
to property. Ark. Code Ann. § 513310(a)(2). This trial concerned gunshots fired at the
house of David Livingston, at 601 Rock Island Right of Way, El Dorado, Arkansas, on the
morning of September 8, 2005. In his brief, appellant contends that the testimony given by
the occupants of the house was in some ways conflicting, and that there was no other proof
indicating that appellant committed this crime. We disagree. To the extent that there were
conflicts, if any, that was an issue to be resolved by the jury. Stewart v. State, supra.
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At trial, appellant admitted that he had walked to the Livingston residence that
morning around 7:00 a.m., seeking to settle a disturbance between his teenage son and
someone who lived at that particular residence. Appellant denied that he had a gun or that
he shot at the residence. Appellant stated that he heard gunshots as he walked away.
Appellant called other witnesses, including his wife and son, who testified that they did not
see him with a gun that morning. Nonetheless, when the evidence is viewed in the light most
favorable to the State, as we are required to do on appeal, it demonstrated evidence from
which the jury could determine that appellant shot at the house with the purpose to cause
personal or property damage.
The family members were familiar with appellant, and Tina Livingston testified that
she saw appellant aim a gun toward the house. Tina kicked the front door closed. A bullet
was found lodged in the wall inside the house. Kimberly Wade (Tina’s daughter) was
present in the house standing near a window, and she testified that she watched appellant fire
a gun as he stood outside the house. Kimberly said she could see the flare come out of the
gun as it fired, and she observed the bullet come toward the window. One bullet was
discovered lodged in the window screen. Tina and Kimberly testified that appellant was the
only person in the vicinity at the time of the shooting. Police took photographs of bullets that
were lodged in the residence.
The jury had before it direct, eyewitness accounts that appellant raised and fired a gun
at the Livingston residence while there were persons inside. This is sufficient to sustain the
verdict of guilty.
3
Affirmed.
PITTMAN, C.J., and BIRD, J., agree.
4
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