APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, SECOND DIVISION. NO. CR-2012-2179. HONORABLE CHRISTOPHER CHARLES PIAZZA, JUDGE.
AFFIRMED; REMANDED WITH INSTRUCTIONS TO CORRECT SENTENCING ORDER.
Lott Rolfe, IV, Deputy Public Defender, by: Clint Miller, Deputy Public Defender, for appellant.
Dustin McDaniel, Att'y Gen., by: Laura Shue, Ass't Att'y Gen., for appellee.
BILL H. WALMSLEY, Judge. HARRISON and WYNNE, JJ., agree.
BILL H. WALMSLEY, Judge
Appellant Charles Whitfield was charged with residential burglary, aggravated assault on a family or household member, aggravated assault, and second-degree assault on a family or household member. After a bench trial, he was convicted of residential burglary and aggravated assault. On appeal, appellant challenges only the sufficiency of the evidence supporting his residential-burglary conviction.
Jonathan Adams testified that on June 9, 2012, he went with LaToya Whitfield to her apartment in Jacksonville. He said that LaToya started fighting with appellant, her husband, outside the apartment and that appellant then chased him with a large knife. Adams jumped over a car to get away from appellant, and he then saw appellant chase LaToya into her neighbor Wanda's apartment. Adams saw appellant and LaToya swinging at each other inside the apartment.
Wanda Palton testified that LaToya opened her apartment door and ran inside and appellant ran in after her. She said LaToya fell back on the couch and she could see appellant swinging at her. Palton testified that appellant and LaToya did not have permission to be in her home and she screamed at them to get out.
Officer Terry Collins of the Jacksonville Police Department testified that he responded to this incident and found LaToya very upset. She told Collins that her husband had chased her with a large butcher knife into the apartment next door and was punching at her. Collins said that LaToya did not have any visible injuries.
Appellant moved to dismiss all four counts, and his motions were denied. The trial court found appellant guilty of residential burglary and the aggravated assault of Adams. Appellant was acquitted of the counts against LaToya, who did not testify. He was sentenced as a habitual offender to concurrent terms of ten years' imprisonment for each conviction. He timely appealed.
A motion to dismiss at a bench trial, like a motion for directed verdict at a jury trial, is considered a challenge to the sufficiency of the evidence. Cora v. State, 2009 Ark.App. 431, 319 S.W.3d 281. We will affirm a trial court's denial of the motion if there is substantial evidence, either direct or circumstantial, to support the verdict. Id. Substantial evidence is defined as evidence forceful enough to compel a conclusion one way or the other beyond suspicion and conjecture. Id. The evidence is viewed in the light most favorable to the verdict, and only evidence supporting the verdict is considered. Id.
A person commits residential burglary if he enters or remains unlawfully in a residential occupiable structure of another person with the purpose of committing in the residential occupiable structure any offense punishable by imprisonment. Ark. Code Ann. § 5-39-201(a)(1) (Repl. 2013). Appellant notes that, in the felony information, the offense he was alleged to have committed in the residence was second-degree assault on a family member. He argues ...