Searching over 5,500,000 cases.

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Childers v. State

Court of Appeals of Arkansas, Division IV

August 31, 2016



          Philip C. Wilson, for appellant.

          Leslie Rutledge, Att'y Gen., by: Pamela Rumpz, Ass't Att'y Gen., for appellee.

          KENNETH S. HIXSON, Judge.

         Appellant 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.

         In 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. Id.

         Jim 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.

         Carrie 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.

         In 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. Childers lived.

         After 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.

         When 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.

         Officer 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.

         Officer 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.

         Ms. 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.