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APPEAL
FROM THE MARION COUNTY CIRCUIT COURT [NO. 45CR-17-102],
HONORABLE GORDON WEBB, JUDGE
Potts
Law Office, by: Gary W. Potts, Monticello, for appellant.
Leslie
Rutledge, Att’y Gen., by: Jacob H. Jones, Ass’t Att’y Gen.,
for appellee.
OPINION
MEREDITH
B. SWITZER, Judge
Appellant Robert Cobb was convicted by a Marion County
Circuit Court jury of one count each of residential burglary,
attempted breaking or entering, criminal mischief in the
first degree, theft of a firearm, and theft of property, and
two counts of breaking or entering. Cobb was sentenced as a
habitual offender. The circuit court ordered that the
convictions for residential burglary, attempted breaking or
entering, theft of a firearm, and theft of property be served
consecutively, with the first-degree-criminal-mischief and
the two breaking-or-entering convictions to be served
concurrently with the other convictions, for a total of
fifty-five years’ incarceration. On appeal, Cobb argues the
circuit court erred in denying his motions for directed
verdict on all seven counts. We affirm.
I.
Facts
At
trial, testimony established that on November 18, 2017,
William Wood discovered that Robert Barron’s residence and
outbuildings in Summit, Arkansas, had been broken into. Wood,
a friend of Barron’s, knew Barron was out of state for an
extended period, and he was checking on Barron’s property,
which was marked with no trespassing signs. Wood explained
that Barron’s driveway had a locked gate, so he had entered
the property using the power-line right-of-way. Wood noticed
some items strewn about the property, and he knew that when
he had been to the property less than a month before to read
the water meter, the property was in "perfect"
condition. Wood called the Marion County Sheriff’s Office to
report the break-in.
The
officers who responded also had to access the property using
the power-line easement due to the lock on the gate across
the driveway, and they reported numerous items strewn up and
down the road, including bags and boxes of tools and a trash
can filled with tools located at the bottom of the power-line
easement. Doors on two sheds were open and the buildings had
been rummaged through, and the sliding glass door to Barron’s
house had been broken. Officers observed that a camper
trailer on the property had pry marks on the door; it
appeared an attempt had been made to enter the camper, but
the door was locked. When Wood received permission from
Barron for the officers to enter the house, they discovered
the power had been shut off. Barron told them that the power
was on when he left. Officers described the house as
"completely destroyed"; every room had been
ransacked, items were gathered in piles throughout the house
as though someone was coming back to remove the remaining
items, televisions were missing, and the hinges and door of a
heavy-duty fireproof gun safe
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had been removed. Barron informed the officers that he had
guns in the safe; all the guns were missing.
While
investigating the break-in, officers observed two males
walking down the road from the locked, gated driveway at the
front of the property. As the two men initially approached
the house they were walking normally, but then they were
described by officers as beginning to walk
"suspiciously" in a crouched, sneaking position the
closer they got to the house, and one man began walking to
the front of the residence while the other man headed toward
the rear of the residence. The men were later identified as
Cobb and Anthony Contreras. When officers told the two men to
freeze, Cobb began to run from the scene, but he eventually
obeyed orders to halt. When apprehended, Cobb had a gray
backpack and a ratchet in his hand. When asked why he was on
the property, Cobb stated they were going to Allen’s Grocery
and this was a shortcut; however, one officer testified
Allen’s ...