FROM THE MILLER COUNTY CIRCUIT COURT [NO. 46CR-14-340-2]
HONORABLE JOHN W. LANGSTON, SPECIAL JUDGE AFFIRMED
Morledge Law Firm, by: George "Birc" Morledge IV,
Rutledge, Att'y Gen., by: Kathryn Henry, Ass't
Att'y Gen., for appellee.
D. VAUGHT, Judge
Hubbard appeals the amended sentencing order entered by the
Miller County Circuit Court on October 14, 2015, finding him
guilty of residential burglary and theft of property and
sentencing him to thirty years' and twenty years'
imprisonment, respectively, to be served consecutively. On
appeal, he challenges the sufficiency of the evidence
supporting the convictions, and he argues that the circuit
court abused its discretion in admitting evidence pursuant to
Arkansas Rule of Evidence 404(b). We affirm.
before 8:00 a.m. on March 21, 2014, Debra Johnson left her
home on Jack Cullen Drive, in Texarkana, Arkansas. Her
husband had already left for work. About twenty minutes
later, Debra received a call from her husband advising that
their home alarm was going off. Debra returned home to find
that the police had responded to the alarm. She also found
that the glass door in the back of her home had been broken
and glass was all over the ground, her jewelry was lying on
the ground, her home had been ransacked, and her
three-foot-tall jewelry chest had been stolen along with more
than $25, 000 in jewelry and two guns.
that same morning, homes located at 6 Ridge Row Circle, 7311
Schilling Circle, and 6602 North Park Road in Texarkana,
Texas, were burglarized. The owner of the home at 6602 North
Park Road, was at home around 10:45 a.m. when she saw and
heard men enter. As they ransacked her home, she hid in the
bathroom and called the police. When the police arrived,
three suspects fled. Police apprehended Hubbard. Two other
suspects escaped. Not long thereafter, the police received a
call about a burglary in progress at 7004 North Park Road.
Willie Powell and Marcus Levine were arrested after fleeing
days after Hubbard's arrest, the police interviewed him
at his request. He stated that he was from Houston, Texas,
and had traveled to Texarkana in his vehicle with Powell and
Levine. He said that they met with Stephanie Parker, whom he
had dated in 2012 and who was currently living in Texarkana.
Hubbard stated that they devised a plan whereby Parker would
drive the three men around Texarkana, and they would
burglarize homes. Hubbard confessed to three of the March 21,
2014 Texas burglaries-6 Ridge Row Circle, 7311 Schilling
Circle, and 6602 North Park Road. He said that they mostly took jewelry from
the homes and that they carried the items out of the homes in
pillowcases taken from the homes. Hubbard did not confess to
the Arkansas burglary on Jack Cullen Drive.
Stephanie Parker was later arrested for her involvement in
the burglaries. On July 10, 2015, she pled guilty to the
charges stemming from the burglary on Jack Cullen
Drive. She testified at Hubbard's
trial that he wanted her to drive his vehicle around
Texarkana and show him the "rich neighborhoods" so
that he, Powell, and Levine could burglarize homes in those
neighborhoods. She stated that she was to receive $500 for
her part in the burglaries.
said that on the morning of March 21, 2014, she drove the men
to a home on Jack Cullen Drive. Parker knocked on the door of
the home, and no one answered. She said that the three men
jumped out of the car and went behind the home. Hubbard told
her to drive around the block and wait for his call. When
Hubbard called, she returned to the home, and the men placed
pillowcases filled with the stolen items in the trunk and
placed a three-foot-tall jewelry box in the backseat. She
said that the men cleaned out the jewelry box, put the
jewelry in the pillow cases, and threw the box out of the
car. Parker drove the men to the next house. Parker testified
that Hubbard, Powell, and Levine broke into four or five
houses that morning. She said that she was driving around the
6602 North Park Road home (while Hubbard, Powell, and Levine
were inside) and was on the phone with Hubbard when she saw
the police. She warned Hubbard the police were nearby, and
she drove away.
State filed a third amended criminal information against
Hubbard on October 5, 2015, alleging that on March 21, 2014,
he had committed the offenses of residential burglary, theft
of property, and two counts of possession of a firearm by
certain persons. After the trial,
the jury found Hubbard guilty of residential burglary and
theft of property.
first point on appeal is a challenge to the sufficiency of
the evidence supporting the residential-burglary and
theft-of-property convictions. Our standard of review for a
sufficiency challenge is well settled. We treat a motion for
directed verdict as a challenge to the sufficiency of the
evidence. Navarro v. State, 371 Ark. 179, 186, 264
S.W.3d 530, 535 (2007) (citing Cluck v. State, 365
Ark. 166, 226 S.W.3d 780 (2006)). In reviewing a challenge to
the sufficiency of the evidence, we view the evidence in a
light most favorable to the State and consider only the
evidence that supports the verdict. Navarro, 371
Ark. at 186, 264 S.W.3d at 535. We affirm a conviction if
substantial evidence exists to support it. Id., 264
S.W.3d at 535. Substantial evidence is that which is of
sufficient force and character that it will, with reasonable
certainty, compel a conclusion one way or the other, without
resorting to speculation or conjecture. Id., 264
S.W.3d at 535.
circumstantial evidence may provide a basis to support a
conviction, but it must be consistent with the
defendant's guilt and inconsistent with any other
reasonable conclusion. Id. at 186-87, 264 S.W.3d at
535-36. Whether the evidence excludes every other hypothesis
is left to the jury to decide. Id. at 187, 264
S.W.3d at 536. The credibility of witnesses is an issue for
the jury and not the court. Id., 264 S.W.3d at 536.
The trier of fact is free to believe all or part of any
witness's testimony and may resolve questions of
conflicting testimony and inconsistent evidence.
Id., 264 S.W.3d at 536.
person commits residential burglary if he or she 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) (Repl. 2013).
In this case, the offense punishable by imprisonment was
theft of property. A person commits theft of property if he
or she knowingly takes or exercises unauthorized control over
or makes an unauthorized transfer of ...