Walker v. State , 2013 Ark. App. 742 ( 2013 )

Cite as 2013 Ark. App. 742
ARKANSAS COURT OF APPEALS
DIVISION II
No.CR-13-482
Opinion Delivered December 11, 2013
ALFRED JAMES WALKER APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT,
APPELLANT FOURTH DIVISION
[NO. CR-12-2081]
V.
HONORABLE HERBERT WRIGHT,
STATE OF ARKANSAS JUDGE
APPELLEE AFFIRMED
RHONDA K. WOOD, Judge
Appellant Alfred James Walker was convicted of theft of property greater than
$1,000 but less than $5,000, a Class D felony. On appeal, he challenges the sufficiency of
the evidence supporting his conviction. His argument is not preserved for appeal, and we
affirm.
Arkansas Rule of Criminal Procedure 33.1 requires a defendant to renew a motion
for directed verdict or dismissal at the “close of the case” in order to preserve for review
any question pertaining to the sufficiency of the evidence. To preserve for appeal the issue
of the sufficiency of the evidence in a criminal case, the appellant must move for a
directed verdict both at the close of the State’s case and at the close of the whole case.
King v. State, 338 Ark. 591, 999 S.W.2d 183 (1999). Here, Walker moved to dismiss the
charges against him at the close of the State’s evidence. However, at the close of all
Cite as 2013 Ark. App. 742
evidence, he failed to renew his motion. Following the strict standard set out in Rule
33.1(c), Walker failed to preserve for appellate review the issue of sufficiency of the
evidence.
Affirmed.
GLOVER and HIXSON, JJ., agree.
William R. Simpson, Jr., Public Defender, and Brandy Turner, Deputy Public
Defender, by: Margaret Egan, Deputy Public Defender, for appellant.
Dustin McDaniel, Att’y Gen., by: Kathryn Henry, Ass’t Att’y Gen., and Nathan
Aylesworth, Law Student Admitted to Practice Pursuant to Rule XV of the Rules
Governing Admission to the Bar of the Supreme Court under the supervision of Darnisa
Evans Johnson, Deputy Att’y Gen., for appellee.
2