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Jones v. State

Court of Appeals of Arkansas, Division IV

August 28, 2019

Allan Curtis JONES, Appellant
v.
STATE of Arkansas, Appellee

          Rehearing Denied September 25, 2019

Page 848

[Copyrighted Material Omitted]

Page 849

          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, Att’y Gen., by: Jacob H. Jones, Ass’t Att’y 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 Jones’s 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 Arkansas’s 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 Gibson’s farms, which were located in southeast Missouri and northeast Arkansas. Wallace farmed land adjacent to one of Gibson’s farms north of Leachville, Arkansas,

Page 850

just a few miles from the Missouri border. On the afternoon of October 27, 2016, Wallace obtained Jones’s 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 Dale’s 40," (Gibson’s 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 Jones’s 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 Wallace’s person or in his truck.

          II. Refusal to Grant Mistrial for Comments Made ...


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