[Copyrighted Material Omitted]
FROM THE PULASKI COUNTY CIRCUIT COURT, FIFTH DIVISION [NO.
60CR-18-2449], HONORABLE WENDELL GRIFFEN, JUDGE
Proctor, Jr., P.A., by: Willard Proctor, Jr. and Dominique
King, Little Rock, for appellant.
Rutledge, Atty Gen., by: Pamela Rumpz, Senior Asst Atty
Gen., for appellee.
R. ABRAMSON, Judge
Drevion Marbley appeals the order of the Pulaski County
Circuit Court finding him guilty of robbery, battery, theft
of property, and a firearms enhancement. On appeal, Marbley
argues that there was insufficient evidence to support the
jurys verdict and that the circuit court abused its
discretion in denying his motions for mistrial. We affirm.
April 23, 2018, Tre James locked himself out of his truck at
the Valero gas station at Rodney Parham Road and 12th Street
in Little Rock. While James was waiting for a locksmith from
Conway to assist, Marbley arrived at the gas station. James
approached Marbley to ask if he could help him get into his
locked truck. James informed Marbley that he had marijuana in
his truck, and the two exchanged telephone numbers. After
exchanging text messages on April 24, the men agreed to meet
at the Big Red gas station on 12th Street in Little Rock so
that James could sell Marbley marijuana. James took his 9mm
Ruger gun. The gun was loaded, tucked into the right side of
the drivers seat, and visible to a passenger.
approached Jamess truck, and James told Marbley to get into
the vehicle. While James was "getting everything
together," he became distracted by a light coming from
the left side of the truck. When he turned to look toward the
light, he felt his gun being "pulled" from the seat
beside him. James testified that he
put his right arm around Marbleys neck. He testified that
Marbley then opened the door and that Marbleys momentum
pulled him from the truck. James heard two gunshots and
realized he had been shot in his elbow and abdomen. James
testified that when he looked up, both Marbley and his gun
were gone. As a result of the gunshot wounds, he had four
surgeries and was in the hospital for eight days.
witness, Eddie Lewis, testified that he was at the Big Red
gas station on April 24, 2018, and that he heard
"rustling" in a nearby truck. He testified that he
saw a man jump out of the truck and saw another man fall to
the ground yelling that he had been shot. Lewis testified
that the man who ran away had a gun in his hand.
Marbley was charged by a felony information with aggravated
robbery, first-degree battery, theft of property, and
possession of firearms by certain persons as well as a
firearms enhancement and as a habitual offender. From January
30 through February 1, 2019, a three-day jury trial was held.
After presentation of the evidence, Marbleys
directed-verdict motion was denied. The jury found Marbley
guilty of robbery, battery, theft of property, and the
firearms enhancement. The jury specifically found that
Marbley had used a firearm as a means of committing the
battery and that the theft of property did not ...