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Campbell v. State

Court of Appeals of Arkansas, Division I

May 29, 2019

Tiffany Rena CAMPBELL, Appellant
v.
STATE of Arkansas, Appellee

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[Copyrighted Material Omitted]

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          APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, FIRST Division [NO. 60CR-17-582], HONORABLE LEON JOHNSON, JUDGE

         William R. Simpson, Jr., Public Defender, by: Clint Miller, Deputy Public Defender, for appellant.

         Leslie Rutledge, Att’y Gen., by: Adam Jackson, Ass’t Att’y Gen., for appellee.

         OPINION

         RITA W. GRUBER, Chief Judge

          Appellant Tiffany Rena Campbell appeals her conviction for aggravated robbery. For reversal, she argues that the circuit court erred in denying her motion to dismiss the aggravated-robbery charge because the State failed to introduce substantial circumstantial evidence that Campbell shot Mark Caster in the head to facilitate the theft of his pickup truck. We disagree and affirm.

         Following a bench trial on January 10− 12, and February 9, 2018, the Pulaski County Circuit Court found Campbell guilty of aggravated robbery, criminal attempt to commit capital murder, robbery, residential burglary, and terroristic act.[1] On March 27, 2018, Campbell was sentenced as a habitual offender to twenty years’ imprisonment in the Arkansas Department of Correction for each offense, with the sentences to run concurrently. She was sentenced to an additional ten years’ imprisonment pursuant to the firearm-enhancement statute for aggravated robbery, criminal attempt to commit capital murder, and terroristic act, with the enhancement to run consecutively to the twenty-year term. She filed a timely notice of appeal.

          Although Campbell was convicted of crimes against two people, Campbell’s argument on appeal only challenges the sufficiency of the evidence to support the conviction for the aggravated robbery of Mark Caster. Therefore, our recitation of the facts is limited to those related to this conviction and necessary to her argument on appeal.

          Caster testified at trial that he agreed to meet Campbell at the Exxon gas station on 65th Street in Little Rock on January 19, 2017. He thought she wanted to meet to borrow money because he had loaned her money in the past. Caster, who was driving a 1991 Chevrolet GMC extended-cab pickup truck, arrived about fifteen minutes before Campbell. When she arrived, she told him by phone to follow her but did not say where she was going. She led Caster to Benny Craig Park, where she backed into a parking space. He backed in beside her small white car so that his passenger door was next to her driver’s door. When he first arrived at the park around 7:00− 7:30 in the evening, he did not see anyone else there.

          Caster got out of his truck, went to the driver’s door of her car, greeted her, and asked her what she needed. Campbell responded by asking him how her hair looked and commenting that he had a nice

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truck. She got out of her car and sat in the passenger seat of his truck. They had been talking for several minutes when Caster noticed a man carrying a backpack, who he thought was a "hobo" walking to go sleep in the woods. He started his engine and told Campbell he was not going to sit in the truck because he had heard about a killing at a park. He told Campbell to get in her car and go. Campbell initially stayed in Caster’s truck, but then she got out of the truck and walked around to his driver’s side door, at which time he got out of the truck because he was concerned about the man and did not want something to happen to her if he left. As he watched the man and Campbell out of the corner of his eye, he saw her right arm come up all of a sudden; he turned his head, heard a "boom," and fell to the ground. The boom ...


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