Rehearing Denied September 25, 2019
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[Copyrighted Material Omitted]
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APPEAL
FROM THE MISSISSIPPI COUNTY CIRCUIT COURT, CHICKASAWBA
DISTRICT [NO. 47BCR-16-357], HONORABLE CINDY THYER, JUDGE
Law
Office of Wendell L. Hoskins II, by: Wendell L. Hoskins II;
and Law Office of James W. Harris, by: James W. Harris and
Zachary W. Morrison, Blytheville, for appellant.
Leslie
Rutledge, Atty Gen., by: Jacob H. Jones, Asst Atty Gen.,
for appellee.
OPINION
MEREDITH
B. SWITZER, Judge
Allan
Curtis Jones was charged with the offense of murder in the
first degree in the shooting death of Mike Wallace. A
Mississippi County Circuit Court jury convicted Jones of
murder in the second degree and sentenced him to eighteen
years in prison. The jury also enhanced Joness sentence by
six years, to be served consecutively to his sentence for
murder in the second degree, for using a firearm in the
commission of the offense. On appeal, Jones argues the
circuit court erred (1) in refusing his request for mistrial
based on comments made by the prosecutors in closing
arguments; (2) in denying his motion to deem Arkansass
firearm-enhancement statute unconstitutional as violative of
the double-jeopardy clauses of both the United States and
Arkansas Constitutions; and (3) in refusing to give the jury
his proposed nonmodel jury instruction. We affirm.
I.
Facts
Jones
does not appeal the sufficiency of the evidence to support
his conviction for murder in the second degree; therefore,
only a brief overview of the facts is necessary. Jones, a
resident of Arbyrd, Missouri, worked for Lonnie Gibson and
managed Gibsons farms, which were located in southeast
Missouri and northeast Arkansas. Wallace farmed land adjacent
to one of Gibsons farms north of Leachville, Arkansas,
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just a few miles from the Missouri border. On the afternoon
of October 27, 2016, Wallace obtained Joness cell-phone
number from a friend and then called Jones, telling Jones he
had heard Jones had been "talking shit" about him.
When Jones denied saying anything about Wallace, Wallace told
Jones to meet him at "Lonnie Dales 40," (Gibsons
farm north of Leachville) or Wallace would find Jones and
"get him." Jones called Gibson, who told Jones that
Wallace likely carried a gun and advised him not to meet
Wallace. Jones elected to meet Wallace, and he called his
cousin, Anthony Vowels, to ride with him "to keep the
peace." Wallace continued to text Jones, asking him if
he was coming. When Jones pulled up to the appointed location
and got out of his truck, Wallace ran toward Jones with arms
"flailing." When Wallace reached Jones, he grabbed
Joness collar. Jones backed down the side of his truck and
then pulled his .32-caliber handgun from his pocket and shot
Wallace until the gun was empty, a total of seven shots.
Wallace died at the scene from his injuries. No gun was found
on Wallaces person or in his truck.
II.
Refusal to Grant Mistrial for Comments Made ...