{
  "id": 6143003,
  "name": "Charles Edward WHITFIELD v. STATE of Arkansas",
  "name_abbreviation": "Whitfield v. State",
  "decision_date": "2000-06-28",
  "docket_number": "CA CR 99-1400",
  "first_page": "451",
  "last_page": "453",
  "citations": [
    {
      "type": "official",
      "cite": "70 Ark. App. 451"
    },
    {
      "type": "parallel",
      "cite": "20 S.W.3d 422"
    }
  ],
  "court": {
    "name_abbreviation": "Ark. Ct. App.",
    "id": 13370,
    "name": "Arkansas Court of Appeals"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "Ark. Code Ann. \u00a7 5-12-103",
      "category": "laws:leg_statute",
      "reporter": "Ark. Code Ann.",
      "year": 1997,
      "pin_cites": [
        {
          "page": "(a)(l)"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "Ark. Code Ann. \u00a7 5-12-102",
      "category": "laws:leg_statute",
      "reporter": "Ark. Code Ann.",
      "year": 1997,
      "pin_cites": [
        {
          "page": "(a)"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "94 S.W. 688",
      "category": "reporters:state_regional",
      "reporter": "S.W.",
      "year": 1906,
      "pin_cites": [
        {
          "page": "693-94"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "78 Ark. 284",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1497265
      ],
      "year": 1906,
      "pin_cites": [
        {
          "page": "298-99"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/78/0284-01"
      ]
    },
    {
      "cite": "802 S.W.2d 472",
      "category": "reporters:state_regional",
      "reporter": "S.W.2d",
      "case_ids": [
        1880952,
        6652001
      ],
      "year": 1991,
      "opinion_index": 0,
      "case_paths": [
        "/ark/304/0587-01",
        "/ark-app/33/0098-01"
      ]
    },
    {
      "cite": "33 Ark. App. 98",
      "category": "reporters:state",
      "reporter": "Ark. App.",
      "case_ids": [
        6652001
      ],
      "year": 1991,
      "opinion_index": 0,
      "case_paths": [
        "/ark-app/33/0098-01"
      ]
    },
    {
      "cite": "469 U.S. 57",
      "category": "reporters:federal",
      "reporter": "U.S.",
      "case_ids": [
        11958569
      ],
      "weight": 2,
      "year": 1984,
      "pin_cites": [
        {
          "page": "66"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/us/469/0057-01"
      ]
    },
    {
      "cite": "68 Ark. App. 47",
      "category": "reporters:state",
      "reporter": "Ark. App.",
      "case_ids": [
        6136856
      ],
      "weight": 2,
      "year": 2000,
      "pin_cites": [
        {
          "parenthetical": "a party cannot change the grounds for an objection or motion on appeal but is bound by the scope and nature of the argument made at trial"
        },
        {
          "parenthetical": "a party cannot change the grounds for an objection or motion on appeal but is bound by the scope and nature of the argument made at trial"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark-app/68/0047-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 292,
    "char_count": 3631,
    "ocr_confidence": 0.741,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.17497699672838068
    },
    "sha256": "90f4bbf23a172d226e601958954ba2fd6a3767c9dbdbf2ecc6846fc96aa06d5d",
    "simhash": "1:0f2ec620e6900dc2",
    "word_count": 605
  },
  "last_updated": "2023-07-14T22:52:11.491630+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Jennings and Crabtree, JJ., agree."
    ],
    "parties": [
      "Charles Edward WHITFIELD v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "JOHN MAUZY Pittman, Judge.\nThe appellant was charged with aggravated robbery and theft of property valued in excess of $2,500.00. The jury found him guilty of robbery and misdemeanor theft. This appeal followed.\nFor reversal, appellant contends that the evidence was insufficient to support his robbery conviction. Appellant\u2019s argument is that the only evidence of force presented at trial was the testimony that appellant displayed a weapon during his flight, and that the jury, by finding him not guilty of aggravated robbery, conclusively found that no weapon was employed. This argument lacks merit for several reasons.\nFirst, it was never presented below. At trial, there was evidence to show that appellant was seen shoplifting a $15.00 item at a Fred\u2019s store, refused to return to the store when directed to do so, and was chased for a few hundred yards to a secluded area. Once in the secluded area, with his pursuers approximately sixty-five feet behind, appellant slowed from a run to a walk and pulled a gun which he displayed at his side. In challenging the sufficiency of the evidence below, appellant merely argued that the evidence presented at trial was insufficient to convict him. Although the proceedings continued for some time after the jury returned its verdict, appellant never asserted that his acquittal of aggravated robbery was tantamount to a finding that no weapon was employed, so that the sufficiency of the evidence should be determined without considering the evidence presented at trial to show that appellant displayed a weapon during his flight. Appellant is changing his argument on appeal, and this he cannot do. See Watts v. State, 68 Ark. App. 47, 8 S.W.3d 563 (2000) (a party cannot change the grounds for an objection or motion on appeal but is bound by the scope and nature of the argument made at trial).\nSecond, although the jury acquitted appellant of aggravated robbery, it does not necessarily follow that the jury found that no weapon was employed in the crime. It is equally likely that the jury\u2019s verdict was the result of leniency. See United States v. Powell, 469 U.S. 57 (1984). In the absence of a request for special findings or to poll the jury to determine the basis for its decision, appellant\u2019s argument that the inconsistency was based on a finding that no weapon was employed is based on pure speculation. See id. at 66.\nThird, even when verdicts are not consistent, an appellant cannot complain of the jury\u2019s having extended him greater leniency than he was entitled to. Cole v. State, 33 Ark. App. 98, 802 S.W.2d 472 (1991); see Benton v. State, 78 Ark. 284, 298-99, 94 S.W. 688, 693-94 (1906).\nAffirmed.\nJennings and Crabtree, JJ., agree.\nA person commits robbery if, with the purpose of committing a felony or misdemeanor theft or resisting apprehension immediately thereafter, he employs or threatens to immediately employ physical force upon another. Ark. Code Ann. \u00a7 5-12-102(a) (Repl. 1997). A person commits aggravated robbery if he commits robbery as defined in \u00a7 5-12-102 and is armed with a deadly weapon or represents by word or conduct that he is so armed. Ark. Code Ann. \u00a7 5-12-103(a)(l) (Repl. 1997).",
        "type": "majority",
        "author": "JOHN MAUZY Pittman, Judge."
      }
    ],
    "attorneys": [
      "William R. Simpson, Jr., Public Defender; Sandra S. Cordi, Deputy Public Defender, by: Deborah R. Sailings, Deputy Public Defender, for appellant.",
      "Mark Pryor, Att\u2019y Gen., by: Leslie Plowman Fisken, Ass\u2019t Att\u2019y Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Charles Edward WHITFIELD v. STATE of Arkansas\nCA CR 99-1400\n20 S.W.3d 422\nCourt of Appeals of Arkansas Division IV\nOpinion delivered June 28, 2000\n[Petition for rehearing denied August 23, 2000 ]\nWilliam R. Simpson, Jr., Public Defender; Sandra S. Cordi, Deputy Public Defender, by: Deborah R. Sailings, Deputy Public Defender, for appellant.\nMark Pryor, Att\u2019y Gen., by: Leslie Plowman Fisken, Ass\u2019t Att\u2019y Gen., for appellee.\nGRIFFEN, J., would grant."
  },
  "file_name": "0451-01",
  "first_page_order": 489,
  "last_page_order": 491
}