Price v. State
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Cite as 2011 Ark. App. 398
ARKANSAS COURT OF APPEALS
DIVISION III
No. CACR10-1042
Opinion Delivered
June 1, 2011
TERRY LYNN PRICE
APPELLANT
APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT, FIFTH
DIVISION [NO. CR-2009-1824]
V.
HONORABLE ERNEST SANDERS,
JUDGE
STATE OF ARKANSAS
APPELLEE
AFFIRMED
JOHN MAUZY PITTMAN, Judge
Appellant, Terry Lynn Price, was found guilty by a jury of aggravated robbery, theft
of property, and third-degree battery arising out of the same incident. On appeal, he argues
only that the evidence is insufficient to support his conviction for third-degree battery because
the State failed to introduce evidence that he acted with the purpose of causing physical injury
to the victim, rather than merely doing so recklessly.
We do not address this argument because it is not properly before us. Appellant made
no objection whatsoever at trial as to the proof of his intent or purpose to cause injury.
Appellant’s directed-verdict motion was instead based on his position that the victim did not
testify that appellant injured her by means of a deadly weapon (in this case, a knife). The
weapon requirement is an element of that section of the second-degree-battery statute under
which appellant was charged but not of the lesser-included, third-degree battery of which
Cite as 2011 Ark. App. 398
appellant was ultimately convicted. Compare Ark. Code Ann. §§ 5-13-202(a)(2) (Supp. 2009)
and 5-13-203 (Repl. 2006). Issues not raised at trial will not be addressed for the first time on
appeal; an appellant is limited by the scope and nature of the arguments and objections
presented at trial and may not change the grounds for objection on appeal. Lawshea v. State,
2009 Ark. 600; Lasker v. State, 2009 Ark. App. 591; see Ark. R. Crim. P. 33.1.
Affirmed.
V AUGHT, C.J., and W YNNE, J., agree.
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