FROM THE FAULKNER COUNTY CIRCUIT COURT [NO. 23CR-15-251]
HONORABLE CHARLES E. CLAWSON, JR., JUDGE
Wesley Hall and Sarah M. Pourhosseini, for appellant.
Rutledge, Att'y Gen., by: Amanda Jegley, Ass't
Att'y Gen., for appellee.
KENNETH S. HIXSON, Judge.
Cody Alan Boose appeals after he was convicted by a Faulkner
County jury of battery in the first degree (law enforcement
officer) and of a firearm enhancement. He was sentenced to
serve a total of 540 months in the Arkansas Department of
Correction. On appeal, appellant contends that (1) the jury
instructions violated his due-process rights and (2) the
trial court erred in not granting his Batson
challenge. We affirm.
appellant does not challenge the sufficiency of the evidence
against him, only a brief recitation of the facts is
necessary. Arnold v. State, 2012 Ark. 400. Appellant
was charged by felony information with first-degree battery
(law enforcement officer) and with a firearm
enhancement. The evidence presented at
trial indicated that the Faulkner County Sheriff's Office
executed a "no knock" warrant at appellant's
home in Conway, Arkansas. After the home was breached during
the execution of the warrant and after an announcement was
made that it was the Sheriff's department, appellant shot
Deputy Eugene Watlington in the side. The jury convicted
appellant of first-degree battery, specifically finding
beyond a reasonable doubt that the victim was a law
enforcement officer acting in the line of duty and that
appellant employed a firearm as a means of committing battery
in the first degree. The jury recommended a sentence of 30
years' imprisonment for battery in the first degree and
15 years' imprisonment for employing a firearm, for which
the trial court imposed a total of 45 years'
imprisonment. This appeal followed.
circuit court's decision whether to give an instruction
will not be reversed unless the court abused its discretion.
Vidos v. State, 367 Ark. 296, 239 S.W.3d 467 (2006).
A party is entitled to a jury instruction when it is a
correct statement of the law and when there is some basis in
the evidence to support giving the instruction. Id.
Nonmodel jury instructions should be given only when the
trial court finds that the model instructions do not
accurately state the law or do not contain a necessary
instruction. Bond v. State, 374 Ark. 332, 288 S.W.3d
206 (2008). Finally, a trial court's refusal to give an
instruction is not reversible error unless its omission
infects the entire trial such that the conviction violates
due process. Hickman v. State, 372 Ark. 438, 277
S.W.3d 217 (2008); Branstetter v. State, 346 Ark.
62, 57 S.W.3d 105 (2001).
appellant was found guilty of committing first-degree battery
against a law enforcement officer in violation of Arkansas
Code Annotated section 5-13-201 (Repl. 2013). Section 5-13-201 states,
(a) A person commits battery in the first degree if:
(8) With the purpose of causing physical injury to
another person, the person causes physical injury to any
person by means of a firearm;
(c)(1) Except as provided in subdivisions (c)(2) and (3)
of this section, battery in the first degree is a Class B
(2) Battery in the first degree is a Class Y felony under the
circumstances described in subdivision (a)(9) of this
(3) Battery in the first degree is a Class Y felony if
the injured person is a law enforcement officer acting in the
line of duty.
Code Ann. § 5-13-201 (emphasis added). For a Class B
felony, the maximum sentence is 20 years' imprisonment.
Ark. Code Ann. § 5-4-401(a)(3). However, for a Class Y
felony, the sentence is 10 to 40 years or life imprisonment.
Ark. Code Ann. § 5-4-401(a)(1).
case, the jury was read the following relevant jury
Cody Boose is charged with the offense of Battery in the
First Degree. To sustain this charge the State must prove
beyond a reasonable doubt that Cody Boose with the purpose of
causing physical injury to another person caused physical
injury to Eugene Watlington by means of a firearm.
The State has alleged that Cody Boose employed a firearm as a
means of committing Battery in the First Degree. To sustain
this allegation the State must prove beyond a reasonable
doubt that Cody Boose employed a firearm as a means of
committing Battery in the First Degree.
If you find Cody Boose guilty of the offense of Battery in
the First Degree, you will so indicate on the verdict form to
be provided to you.
You will also make a finding about whether Cody Boose
employed a firearm as a means of ...