McKinney v. State

Summary

The Arkansas Court of Appeals held that McKinney's challenges to the sufficiency of the evidence and consecutive sentences were not preserved for appeal. It held that his suppression motions were timely and that he was entitled to a hearing on his motion to suppress his statement, while the circuit court was directed to rule on the merits of his motion to suppress the search. The court affirmed some convictions, reversed and remanded in part, and instructed the circuit court to determine whether a new trial was required.

Holdings

1. A directed-verdict motion that merely asserts the defendant did not possess the firearm does not preserve an appellate argument that the State failed to prove constructive possession.
2. A defendant who does not object in the circuit court to consecutive sentences may not challenge the consecutive-sentencing decision for the first time on appeal.
3. When the record does not demonstrate that the omnibus-hearing procedure was used, Arkansas Rule of Criminal Procedure 16.2 applies, and suppression motions filed forty-seven days before trial are timely under that rule.
4. A defendant is entitled to a hearing on a requested motion to suppress a statement, but Arkansas law does not mandate a pretrial hearing on a motion to suppress a search.
5. The admission of McKinney's statement was harmless beyond a reasonable doubt as to the delivery and possession convictions, but the court could not find it harmless as to the convictions for maintaining a drug premises, simultaneous possession of drugs and a firearm, possession of methamphetamine with intent to deliver, and possession of a firearm by certain persons.

Questions Presented

1. Whether McKinney preserved a sufficiency challenge based on the State's failure to prove constructive possession of the firearm and drugs.
2. Whether McKinney preserved a challenge to the circuit court's decision to impose consecutive sentences.
3. Whether McKinney's motions to suppress his statement and the search were timely under Arkansas Rule of Criminal Procedure 16.2.
4. Whether McKinney was entitled to a pretrial hearing on his motion to suppress his statement and his motion to suppress the search.
5. Whether the admission of McKinney's statement was harmless beyond a reasonable doubt as to each challenged conviction.

Disposition

reversed_and_remanded