Bryan Smith v. State of Arkansas ( 2023 )

Cite as 2023 Ark. App. 209ARKANSAS COURT OF APPEALS
DIVISION III
No. CR-22-460
Opinion Delivered April 12, 2023
BRYAN SMITH
APPELLANT
APPEAL FROM THE CRAWFORD
V. COUNTY CIRCUIT COURT
[NO. 17CR-19-980]
STATE OF ARKANSAS
APPELLEE
HONORABLE MICHAEL MEDLOCK,
JUDGE
REMANDED TO SETTLE AND
SUPPLEMENT THE RECORD
RITA W. GRUBER, Judge
A Crawford County jury convicted appellant Bryan Smith of attempted first-degree
battery of a law enforcement officer and fleeing and sentenced him as a habitual offender to
concurrent sentences of 480 months’ and 180 months’ imprisonment. On appeal, appellant
challenges the sufficiency of the evidence to support the attempted-first-degree-battery
conviction. In addition, he challenges three evidentiary rulings, arguing that the circuit court
abused its discretion by allowing (1) the State to introduce proof of appellant’s failure to
appear as evidence of consciousness of guilt; (2) Trooper Roy Moomey to testify as to whether
Trooper John Bass was justified in his actions; and (3) Trooper Roy Moomey to testify as to
his opinion on appellant’s guilt. We remand to settle and supplement the record.
At the conclusion of appellant’s trial, the court read from the verdict forms handed
by the jury foreperson to the bailiff in both the guilt and sentencing phases. Arkansas
Supreme Court Rule 3-4(c)(2) (2022) states that when there is a jury trial, the verdict forms
shall be inserted in the record. Those forms, however, are not included in the record of the
proceedings. This court has stated that if anything material to either party is omitted from
the record by error or accident, we may direct that the omission be corrected and that a
supplemental record be certified and transmitted. Perez v. State, 2015 Ark. App. 561, at 1–2;
Ark. R. App. P.–Civ. 6(e) (as made applicable to criminal cases by Ark. R. App. P.–Crim.
4(a)); see also Lacy v. State, 2017 Ark. App. 509. Accordingly, we remand to the circuit court
to settle and supplement the record with the jury-verdict forms. Appellant has thirty days
from the date of this opinion to file a supplemental record with this court.
Remanded to settle and supplement the record.
VIRDEN and BROWN, JJ., agree.
Erin W. Lewis, for appellant.
Leslie Rutledge, Att’y Gen., by: Brooke Jackson Gasaway, Ass’t Att’y Gen., for appellee.
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