Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Ezekiel v. State

Court of Appeals of Arkansas, Division III

October 16, 2019

Freddie EZEKIEL, Appellant
v.
STATE of Arkansas, Appellee

Page 74

[Copyrighted Material Omitted]

Page 75

          APPEAL FROM THE CLARK COUNTY CIRCUIT COURT [NO. 10CR-17-101], HONORABLE GREG VARDAMAN, JUDGE

         Short Law Firm, by: Lee D. Short, Little Rock, for appellant.

         Leslie Rutledge, Att’y Gen., by: Joseph Karl Luebke, Ass’t Att’y Gen., for appellee.

          OPINION

         LARRY D. VAUGHT, Judge.

Page 76

          Freddie Ezekiel appeals his conviction by the Clark County Circuit Court of first-degree forgery as a habitual offender. We affirm.

          On July 30, 2017, Arkadelphia police responded to two separate calls from AutoZone and O’Reilly Auto Parts stores about a woman purchasing items with counterfeit currency. Tiffany Gwatney was arrested at Wal-Mart with counterfeit $100 bills in her possession. Police were able to identify Gwatney’s car and locate it at McDonald’s in Arkadelphia.

          When the police stopped the car, Ezekiel was one of three people in the vehicle and the only passenger in the backseat. As the officers approached the car, they observed him shoving what was later revealed to be five counterfeit $100 bills into the seat cushions. On the back floorboard next to his feet were sacks containing the items purchased from AutoZone and O’Reilly Auto Parts with counterfeit $100 bills.

          Officer Aaron Abbott removed Ezekiel from the car and searched him. During that search, Abbott located Ezekiel’s wallet and tossed it into the back seat of the car. A different officer who was searching the backseat of the car looked in the wallet and found a credit card belonging to Ezekiel, receipts from the purchases made with counterfeit bills at AutoZone and O’Reilly Auto Parts, and currency that was less than the change from the purchases.

          The State charged Ezekiel with first-degree forgery as a habitual offender. Prior to trial, he moved to suppress his wallet and its contents as the fruits of an illegal search. Ezekiel waived his right to jury trial, and the parties agreed to allow the court to consider and rule on the motion to suppress during the bench trial.

          At trial, Gwatney testified for the State about the events of July 30, 2017. She stated that when she and Ezekiel arrived at each store, Ezekiel gave her the counterfeit $100 bills and told her what to purchase. After she made the purchases at AutoZone and O’Reilly Auto Parts, she gave Ezekiel the change, the receipts, and the items she had purchased. On cross-examination, Ezekiel’s counsel tried to question Gwatney about purchases she allegedly made with counterfeit bills in Garland County prior to July 30, 2017. Gwatney invoked her Fifth Amendment rights in response to all the questions about the Garland County ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.