FROM THE GRANT COUNTY CIRCUIT COURT [NO. CR-14-109] HONORABLE
CHRIS E WILLIAMS, JUDGE
C. Wilson, for appellant.
Rutledge, Att'y Gen., by: Pamela Rumpz, Ass't
Att'y Gen., for appellee.
KENNETH S. HIXSON, Judge.
Anna Christine Childers was convicted by a jury of delivery
of methamphetamine, possession of drug paraphernalia, and
unauthorized use of another person's property to
facilitate a crime. She was also found by the jury to be
subject to an enhanced sentence for delivery of a controlled
substance in proximity to a school or a church. Ms. Childers
was sentenced to a total of sixty years in prison. Ms.
Childers now appeals, challenging the sufficiency of the
evidence to support each of her offenses. We affirm.
reviewing a challenge to the sufficiency of the evidence,
this court determines whether the verdict is supported by
substantial evidence, direct or circumstantial. Medlock
v. State, 2016 Ark.App. 282. Substantial evidence is
evidence forceful enough to compel a conclusion one way or
the other beyond suspicion or conjecture. Id. We
view the evidence in the light most favorable to the State,
considering only the evidence that supports the verdict.
Davis v. State, 2016 Ark.App. 274, ___ S.W.3d ___.
Weighing the evidence, reconciling conflicts in the
testimony, and assessing credibility are all matters
exclusively for the trier of fact, in this case the jury.
Easley testified that he owns the property at 501 North Main
Street in Sheridan. Mr. Easley stated that he rented the
property to Rusty Joyner and that appellant Anna Childers
also lived in the house. Mr. Easley testified that he had no
knowledge of any drug activity on the property.
Killian is a habitual felony drug offender, and she
cooperated with the Group Six Drug Task Force in exchange for
leniency on her most recent drug charges. Ms. Killian agreed
to work as a confidential informant making controlled drug
buys. Ms. Killian was working with Officer Clay Coke, and she
advised him that she could purchase methamphetamine from Ms.
Childers at 501 North Main Street.
preparation for the controlled buy, Officer Coke conducted a
patdown search of Ms. Killian and found no contraband. Ms.
Killian was provided with sixty dollars in buy money, and
Officer Coke drove her in an unmarked police car to a hotel
parking lot. The hotel was located across from a school and
in front of the house at 501 North Main Street where Ms.
they parked at the hotel, Ms. Killian exited the car and
walked to the house. Ms. Killian testified that she made
contact with Ms. Childers in the yard, and that after
speaking with her for a few minutes she did not think Ms.
Childers had any drugs to sell. However, when Ms. Killian
began to leave, Ms. Childers stopped her and said, "I
didn't say I didn't have any, " and she invited
Ms. Killian inside the house. While inside the house, Ms.
Childers unlocked a padlocked door and the two women walked
into a bedroom. According to Ms. Killian, Ms. Childers then
pulled out a set of digital scales from a box, placed the
scales on a table, and "weighed the dope on them."
After weighing the drugs, Ms. Childers placed the baggie
containing the drugs on the table. Ms. Killian picked up the
baggie and dropped the sixty dollars on the table.
the drug transaction was completed, Ms. Killian returned
directly to the unmarked police car and handed the baggie to
Officer Coke. The baggie was subsequently transported to the
crime lab, where a forensic chemist tested the substance and
determined it to be 0.373 grams of methamphetamine.
Coke testified that he believed Ms. Killian to be a reliable
confidential informant. He stated that Ms. Killian had made
four prior controlled drug buys, and that all four of those
buys resulted in guilty pleas and convictions.
Matthew Smith testified that, during the controlled buy, he
conducted surveillance of the house from a separate car
behind the Sheridan Middle School where he could see the
house. Officer Smith further testified:
The 501 North Main Street address, I was able to determine
its location approximately to any schools or any churches in
the area. It was measured by Lidar. A Lidar is a laser radar
gun that measures by a laser. I was able to determine that
from the school to the property was 576 feet. From the
property to First United Methodist Church at the Main Street
awning was 629 feet. From the property to the North Main
Baptist Church was 811 feet. And from the property to First
Assembly of God Church on Vine Street was 975 feet. So this
501 North Main was within 1, 000 feet of all these places
that I listed.
Childers's first argument on appeal is that there was
insufficient evidence to support her conviction for delivery
of methamphetamine. Arkansas Code Annotated section
5-64-422(a) (Repl. 2016) makes it unlawful for a person to
deliver methamphetamine. This statute does not prescribe a
culpable mental state; however, a culpable mental state is
nonetheless required and is established ...