Robinson v. State
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Cite as 2009 Ark. App. 647
ARKANSAS COURT OF APPEALS
DIVISION II
CACR08-1046
No.
Opinion Delivered
ALVIN ROBINSON
APPELLANT
V.
STATE OF ARKANSAS
October 7, 2009
APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT
[NO. CR-07-4392]
HONORABLE BARRY SIMS, JUDGE
APPELLEE
AFFIRMED
JOHN MAUZY PITTMAN, Judge
Appellant was convicted of possession of a firearm by a felon as a result of his
involvement in a shooting incident outside the Sandpiper Club in Little Rock. The jury
found that he employed a firearm as a means of committing firearm possession by a felon, and
his sentence was therefore enhanced pursuant to Ark. Code Ann. § 16-90-120 (Supp. 2009).
Appellant argues that this constitutes double jeopardy. We affirm.
Appellant’s argument is not preserved because it was made when the charge was
submitted to the jury and not renewed after the jury returned its verdict. Such doublejeopardy arguments must be made after the verdict is returned, because multiple charges are
not prohibited by the Constitution, only multiple convictions. Brown v. State, 347 Ark. 308,
65 S.W.3d 394 (2001). Even constitutional objections relating to fundamental constitutional
Cite as 2009 Ark. App. 647
rights can be waived if not adequately preserved for appeal. Robinson v. State, 314 Ark. 243,
861 S.W.2d 548 (1993). Consequently, we cannot address the merits of this argument.
Affirmed.
KINARD and BROWN, JJ., agree.
-2-
CACR08-1046
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