FROM THE PULASKI COUNTY CIRCUIT COURT, SEVENTH DIVISION [NO.
60CR-18-1780], HONORABLE BARRY A. SIMS, JUDGE
R. Simpson, Jr., Public Defender, by: Clint Miller, Deputy
Public Defender, for appellant.
Rutledge, Atty Gen., by: Michael L. Yarbrough, Asst Atty
Gen., for appellee.
R. ABRAMSON, Judge
Danyel Conery appeals the order of the Pulaski County Circuit
Court finding her guilty of second-degree terroristic
threatening. On appeal, Conery argues that the State failed
to present sufficient evidence of her guilt. We affirm.
case arose out of a confrontation between Conery and Kristina
Peterson. Peterson was a counselor at the middle school that
Conerys daughter attended. On October 10, 2017, Conerys
daughter had gotten in trouble for not having her ID badge
and having her cell phone with her at school. Conerys
daughter was sent to Petersons office. Conery called to
speak with Peterson and became belligerent, which caused
Peterson to disconnect the call. Five to seven minutes later,
Conery arrived at the school, encountered Peterson in the
hallway, and began yelling and threatening her. Conery called
her "a fat bitch" and told her, "Ill drag
your ass. I will fuck you up. I will beat your ass."
Conery eventually left the building.
April 27, 2018, the Pulaski County District Court held a
bench trial and found Conery guilty of second-degree
terroristic threatening. Conery appealed to the Pulaski
County Circuit Court. On September 17, 2018, the circuit
court held a bench trial. She was again found guilty of
committing second-degree terroristic threatening, was fined
$1,000, and was sentenced to one year in the county jail.
now challenges her conviction and alleges that the State
failed to present sufficient evidence of her guilt.
she argues that the State failed to introduce substantial
evidence that would have allowed the fact-finder to
reasonably infer that Conery threatened Peterson with the
conscious object of filling her with intense fright.
motion to dismiss at a bench trial is a challenge to the
sufficiency of the evidence. Harris v. State, 2016
Ark.App. 23, 480 S.W.3d 229. However, a motion to dismiss
must state with specificity the grounds on which the motion
relies. See Ark. R. Crim. P. 33.1(b) (2019). Failure
to raise an issue in a motion does not preserve the issue for
appeal. See, e.g., Oliver v. State, 2016
Ark.App. 332, at 5, 498 S.W.3d 320, 323.
State argues that Conery did not preserve the specific
argument she makes on appeal in her motion to dismiss. We
agree. At the conclusion of the States presentation of its
case-in-chief, defense counsel made the following motion to
dismiss the second-degree terroristic-threatening charge:
"Your honor, well ask ... for a motion to dismiss this
case. That the State has not met its burden as far as
terroristic threatening regarding Ms. Conery." This
statement is not specific enough to preserve her claim that
the State did not prove the mental state required for
second-degree terroristic threatening. Thus, Conery cannot
now question the sufficiency of the evidence because she did
not preserve her challenge for appeal. We affirm the
conviction for failure to preserve her argument for appeal.
further remand the case to the circuit court for the limited
purpose of entering an amended sentencing order that corrects
two clerical errors in the October 12, 2018 sentencing order.
It is apparent to us that the sentencing order reflects a
scriveners error. The first clerical error noted that Conery
was convicted of first-degree terroristic threatening rather
than second-degree terroristic threatening. The second
clerical error showed ...