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Worrall v. State

Court of Appeals of Arkansas, Division II

January 15, 2020


Page 492



          King Law Group PLLC, by: W. Whitfield Hyman, for appellant.

          One brief only.

           RITA W. GRUBER, Chief Judge. KLAPPENBACH and BROWN, JJ., agree.


Page 493

         RITA W. GRUBER, Chief Judge

          Appellant Timothy Worrall was convicted by a Benton County Circuit Court jury of three counts of second-degree sexual assault, each involving a different victim. He was sentenced to a total of twenty-nine years' imprisonment for the three convictions. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and Rule 4-3(k) of the Rules of the Arkansas Supreme Court and Court of Appeals, Worrall's attorney has filed a motion to withdraw as counsel on the ground that an appeal would be wholly without merit. The motion is accompanied by an abstract, brief, and addendum purporting to list all adverse rulings and to explain why each adverse ruling is not a meritorious ground for reversal. There are no pro se points for reversal.[1] We affirm the conviction and grant counsel's motion to withdraw.

          Counsel has identified three adverse rulings, including the denial of appellant's motion for directed verdict. At the jury trial, each of the three victims testified. JK testified that she was a resident of Touchstone Village[2] and used the Ozark Regional Transit (ORT) bus, which was occasionally driven by appellant. She stated that on one occasion in February 2017, appellant touched her breast when he talked to her. JK explained, " He said he like playing with them and how soft they were. And he said, do not tell anybody because he didn't want to get in trouble." JK reported the incident to Rebecca Howard, the leasing consultant and assistant manager for Touchstone Village. She told Ms. Howard that she was not okay with appellant's touching her breast and that he did not have permission. Ms. Howard testified that JK came to her and was " very upset." She stated that the police were called and that the fire department responded because JK was having heart palpitations. She explained that JK lives at Touchstone Village because of her medical conditions.

          DB, who also lived at Touchstone Village, testified that she is in a wheelchair and depends on others to transport her to appointments. In March 2016, she used R & L Transportation to go to a doctor's appointment. Appellant was the driver. DB testified that when appellant got her on the lift ramp, his hands all of a sudden came from behind her and he put them on her chest. She stated that she told him to stop and that he responded, " You want it more. You want it more." She said she " got him using an elbow punch." She had to take the ride home but explained that she had appellant take her to the office rather than her home because she was scared. Ms. Howard testified that when

Page 494

DB returned that day she was upset, her face was red, and she was crying. Ms. Howard said that DB told her that a " man just groped her." Ms. Howard contacted the police. After the incident, DB contacted the logistic care number and asked that R & L Transportation not be allowed to transport her again, but she was hung up on. She stated that when R & L transported her again she carried a steak knife in her purse because she was in a " state of panic."

          AT testified that when she lived at Better Home Living in Bentonville, she depended on others for transportation. She stated that R & L Transportation provided transportation for her and that appellant would occasionally be the driver. She testified that he was usually friendly but on one occasion seemed angry. AT explained that appellant was in the van buckling her in when he brushed up against her breasts. At this point, she thought it was a " mistake" but later realized it was not. When she arrived at the appointment, appellant reached into her blouse, pinched her nipple, and told her he had better not lose his job. AT testified that while at her doctor's appointment, she called Crystal at Better Home Living to ask for a different ride, but Crystal told her it could not be arranged. AT said that the same thing happened when appellant got her back in the van to ride home, stating that he " pinched her" and " caressed" her for a while. She testified that he again told her that she better not say anything that would jeopardize his job. AT stated that Crystal asked her if she was okay when ...

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