Hunt v. State, 354 Ark. 682

Summary

The Supreme Court of Arkansas affirmed Gary William Hunt's convictions for possession of cocaine, felon in possession of a firearm, and simultaneous possession of drugs and a firearm. The court held that a rifle remained a firearm under Arkansas's statutory definition despite testimony that it was muddy, rusty, and possibly inoperable. The court declined to consider Hunt's unpreserved argument concerning whether the cocaine was a usable amount, and a concurrence concluded that both appellate arguments were unpreserved.

Holdings

1. A device designed to expel a projectile by the action of an explosive is a firearm under section 5-1-102(6), even if it is not loaded, lacks a clip or other component needed for immediate operability, or is in a degraded condition. Because Hunt did not dispute that the rifle was designed for that purpose, substantial evidence supported the firearm-related convictions.
2. The court would not consider Hunt's claim that the State failed to prove the cocaine was a usable amount because Hunt did not raise that argument below and did not request an appropriate jury admonition. Arguments may not be raised for the first time on appeal, and Arkansas had not adopted the federal plain-error rule for this sufficiency challenge.

Questions Presented

1. Whether substantial evidence established that the degraded, muddy, and rusty rifle met Arkansas's statutory definition of a firearm for purposes of the felon-in-possession and simultaneous-possession offenses.
2. Whether the sufficiency of the cocaine evidence could be reviewed as fundamental or plain error when Hunt did not argue below that the State failed to prove the cocaine was a usable amount.

Disposition

affirmed