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Davidson v. State

Court of Appeals of Arkansas, Division I

December 12, 2018

LONNIE DAVIDSON APPELLANT
v.
STATE OF ARKANSAS APPELLEE

          APPEAL FROM THE GARLAND COUNTY CIRCUIT COURT [NOS. 26CR-16-291, 26CR-16-293] HONORABLE MARCIA R. HEARNSBERGER, JUDGE

          Hancock Law Firm, by: Sharon Kiel, for appellant.

          Leslie Rutledge, Att'y Gen., by: Amanda Jegley, Ass't Att'y Gen., for appellee.

          WAYMOND M. BROWN, JUDGE

         A Garland County jury found appellant Lonnie Davidson guilty of commercial burglary and theft of property, valued at more than $1000 but less than $5000, in case No. 26CR-16-291 and sentenced him to an aggregate term of five years' imprisonment to run concurrent to the sentence he received in case No. 26CR-16-293. Appellant was also fined $10, 000. In case No. 26CR-16-293, appellant was found guilty of aggravated robbery and residential burglary and was sentenced to an aggregate term of forty years' imprisonment.[1] Appellant only challenges his aggravated-robbery conviction on appeal, contending that the evidence was insufficient to support the conviction. We affirm.[2]

         Appellant was charged with committing aggravated robbery against Mr. James Krauss on April 12, 2016. Appellant's jury trial took place May 10-11, 2017. Mr. Krauss testified that he was living at 130 Alysonview Street in Hot Springs on April 12, 2016. He stated that he heard a noise outside in the early morning hours on that date, which awoke him. He testified that he got up and walked to his back window, which overlooks his back deck, anticipating seeing a raccoon or other animal. He further testified:

I walked up to the window to see if I could see anything and I heard another rustling, but it was down lower. I turned the lights on to the patio, and the outside lights and stood there for a few minutes and didn't see anything. I opened the door, walked to the edge of the patio, and that's when I noticed the four-wheeler was out in the middle of the yard.
When I went to sleep the night before it was on the slab underneath the patio. I was trying to figure out why my four-wheeler was out in the middle of the yard. I went to the edge of the stairway there and I was trying to figure out if it rolled off. I walked to the landing before the cement slab and noticed there was a row of firewood that had been knocked over and that's where the four-wheeler went off. I continued to walk down on to the slab and looked underneath the patio and didn't really see anything. I turned around and I saw the Defendant.
The defendant was wearing a dark jacket and a baseball cap. He told me to get back up in the house and I was about half-startled trying to figure out what was going on and I hesitated trying to figure out if he was a homeless person or something and right then is when he pulled the gun up on me.
He pointed the gun at me and he was motioning upstairs and he said, "Get your F-ing ass up there or I'll blow your head off." I went back up the stairs. I kept an eye behind me and he followed me up the stairs and when I got to the middle landing again, I looked back and he was about two steps behind me. I kind of went a little faster and got up and went to the door and when I got to the door, I turned back and he was on the top step of the stairway there and still waving a gun at me and the whole time telling me to get in the house, get in the house. And so at that time my wife had gotten up by that time wanting to know what was going on and I yelled at her, I said, "Get my gun! Get my gun!" just try to scare him away. And I went in and locked the door.

         Mr. Krauss stated that he did not have a gun in the house but was attempting to "bluff" appellant. He said that his wife never came out of the house and that he put her in a safe room in the middle bathroom as soon as he got back inside. He testified that he looked for his cell phone, which was in the kitchen. He stated that as he walked through the living room to reach the kitchen, he could hear appellant yelling several things, including, "You better stay in the house or I'll come and get both of you." He said that he retrieved his phone, walked into the hallway, and dialed 911. He stated that the police arrived quickly, but that he was unsure if appellant was still on the premises at that time. He testified that he was missing four cases of tools that appellant took after he kicked his basement door in. He stated that all but one of the cases were recovered. He said that he was able to identify appellant as the person who threatened him later on that morning. He also positively identified appellant at the trial.

         On cross-examination, Mr. Krauss stated that he recalled telling Officer Chris Savage that he saw what appeared to be a black handgun and that appellant told him to go back upstairs or he would "blow [his] head off." He said that he also recalled speaking to Detective Scott Lampinen a few days later and that he was "totally convinced it was a gun" that appellant pointed at him. He said that he guessed that it "could have been anything" but he remembered seeing the round barrel of a gun. He stated that appellant was holding it with two hands, one hand on each side of the gun.

         Deborah Krauss stated that she is James's wife. She said that she woke up shortly after her husband on the morning of April 12, 2016, and wondered what was going on. She testified,

I could see him standing on the landing and he said, "Just stay back." And I said, "What's going on? I heard something." I kept standing in the bedroom and the next thing I know is I hear Jim coming up the stairs and saying, "He's got a gun! He's got a gun! Run!" and I just stood there, kind of frozen and I didn't know which direction to go. Jim shoved me into a bathroom and locked the door and I could hear him frantically running through the house ...

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