King v. State, 361 Ark. 402

Summary

The Arkansas Supreme Court affirmed Raymond King's conviction for theft of property, his thirty-year habitual-offender sentence, and the denial of his petition for post-conviction relief. The court held that King's mistrial claim was procedurally barred because the motion was not made at the first opportunity. It also held that Arkansas had jurisdiction because substantial circumstantial evidence showed that an essential part of the theft occurred in Arkansas.

Holdings

1. The circuit court did not abuse its discretion in denying the mistrial motion because King did not move for a mistrial at the first opportunity, making the claim procedurally barred; the witness's reference was also inadvertent and no cautionary instruction was requested.
2. The Arkansas circuit court had jurisdiction because substantial circumstantial evidence showed that an essential part of the theft occurred in Arkansas, including that King obtained and exercised unauthorized control over the vehicle in West Memphis.

Questions Presented

1. Whether the circuit court abused its discretion by denying King's motion for a mistrial based on a police witness's reference to King's identification as an "offender ID."
2. Whether the Arkansas circuit court had jurisdiction to adjudicate the theft charge when the vehicle was recovered in Mississippi and King argued that no evidence placed the vehicle in his possession in Arkansas.
3. Whether the circuit court properly denied King's Rule 37.1 petition for post-conviction relief.

Disposition

affirmed