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APPEAL
FROM THE SEBASTIAN COUNTY CIRCUIT COURT, FORT SMITH DISTRICT
[NO. 66FCR-18-657], HONORABLE JAMES O. COX, JUDGE
Terry
Goodwin Jones, for appellant.
Leslie
Rutledge, Atty Gen., by: Michael L. Yarbrough, Asst Atty
Gen., for appellee.
OPINION
WAYMOND
M. BROWN, Judge
A
Sebastian County Circuit Court jury convicted appellant
Garland Butler of three counts of possession of drug
paraphernalia.[1] He was sentenced by the court as a
habitual offender to twenty-five years
imprisonment.[2] He appeals his convictions and argues
that the court erred when it failed to grant his motion for a
mistrial. We affirm.
Appellant
does not challenge the sufficiency of the evidence, so only a
brief recitation of the facts is necessary. Appellant was
arrested on May 20, 2018, after the car he was driving was
stopped and searched by Officer Keith Shelby of the Fort
Smith Police Department for facing the wrong way on the
street.[3] Appellant did not own the car, but he
consented to its search. Officer Shelby found a used meth
pipe on the drivers side of the car, another one in the
backseat floorboard, and two sets of digital scales with
residue on them in a backpack located in the backseat of the
car. Appellant admitted that the backpack belonged to him but
denied ownership of the pipes. He was subsequently placed in
custody. The backseat occupant, Donald Neal, was also
arrested for possessing the pipe located near him. Once at
the jail, appellant claimed ownership of all the items found
in the car and stated that Neal knew nothing about them. Neal
was then released. Appellant was charged as a habitual
offender with four counts of possession of drug
paraphernalia.
Appellants jury trial took place on April 19, 2019. During
rebuttal, the prosecutor stated the following:
The evidence is clear in this case. And at this point, its
not relevant and youre not to consider why the defendant did
what he did, or you know, if it makes sense that he would
speed away over, you know, whatever reason. Were not
alleging that he behaves like a law-abiding citizen, you
know. He is a criminal. He behaves like a criminal. He
committed these crimes. And we have proven it. This is
really a Norman Rockwell painting, this case is so simple,
and the defense is trying to make it seem like a Picasso or a
Salvador Dali, which it isnt.
So we ask you to go back there and be the conscience of the
community, use
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your common sense and do what you promised to do, evaluate
the evidence, follow the law, and do the right thing for
...