FROM THE JOHNSON COUNTY CIRCUIT COURT. NO. 36CR-18-278.
HONORABLE WILLIAM M. PEARSON, JUDGE.
F. Eastman, for appellant.
BRANDON J. HARRISON, Judge. HIXSON and MURPHY, JJ., agree.
BRANDON J. HARRISON, Judge
Childers was convicted by a jury of possession of a
controlled substance. On appeal, Childers's counsel has
filed a no-merit brief, along with a motion to withdraw as
counsel, asserting that there is no issue of arguable merit
for an appeal. Childers was provided with a copy of
counsel's motion and brief and was informed of his right
to submit pro se points for reversal in accordance with Rule
4-3(k)(2) of the Arkansas Rules of the Supreme Court, but no
pro se points have been filed. We affirm and grant the motion
August 2018, Childers was charged with possession of a
controlled substance and possession of a firearm by certain
persons. In January 2019, Childers moved to
exclude the recording of a phone call made to 911 by Childers
prior to his arrest or, in the alternative, for a
jury trial held on January 24, Stephanie Herring, a 911
coordinator, testified that she had been asked to retrieve
the recording of a 911 call made by Childers on 26 July 2018.
On that call, Childers reported that there " [s]eems to
be a Mexican gang around my house lighting dynamite and
Officer Jonia Smith testified that on 26 July 2018, he
responded to a report of a possible residential burglary in
which the victim had shot at some subjects trying to break
into his house. When he arrived at the reported address, he
saw " three suspected bullet holes through the
residence," which he believed resulted from the shots
fired at the alleged intruders. A man, later identified as
Childers, came to the door, and Smith observed that he was
" extremely sweaty and his pupils were darting back and
forth. He could not keep still." Smith also said that
Childers " seemed confused" and " couldn't
believe I didn't see them." Smith believed that
Childers was under the influence of a narcotic, specifically
a stimulant, and he was placed under arrest for communicating
a false alarm. Smith testified that he considered Childers a
danger to his neighbors at that point because he had fired
shots, and he (Smith) thought Childers should be mentally
Childers was transported to the detention center, Smith saw
the jailer conduct a pat-down search of Childers. Smith said
that as the jailer pulled the front of Childers's shirt
to check for weapons, " a baggie fell down to the floor.
And when that happened, Mr. Childers said, 'Well, that
ain't mine but it sure fell out of my crotch.'"
The state crime lab later determined that the baggie
contained .7208 grams of methamphetamine.
the State rested, Childers moved for a directed verdict,
arguing that due to Childers's state of mind, he had not
knowingly possessed the methamphetamine. The motion was
Childers testified that he is seventy-six years old and that
he had made several 911 calls on July 26. He denied saying
anything about the " Mexican Mafia" but did admit
that he had " hallucinated that day Muslins [sic] were
invading Ozone." He also admitted shooting at these
imagined invaders, causing the bullet holes. Childers said
that he had been sweaty because it was July and that his
pupils had been dilated probably due to the medication he had
been taking. He testified that he had been taking
prescription medication for anxiety and depression and that