Shawn Curtis v. State of Arkansas

Cite as 2020 Ark. App. 393
Reason: I attest to the ARKANSAS COURT OF APPEALS
accuracy and integrity of this
document DIVISION IV
Date: 2021-07-08 09:28:02 No. CR-19-714
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Opinion Delivered: September 9, 2020

SHAWN CURTIS APPEAL FROM THE SALINE
APPELLANT COUNTY CIRCUIT COURT
[NO. 63CR-18-44]

V. HONORABLE GRISHAM PHILLIPS,
JUDGE

STATE OF ARKANSAS
APPELLEE AFFIRMED

WAYMOND M. BROWN, Judge

Appellant Shawn Curtis was convicted by a Saline County Circuit Court jury of

Class B felony nonsupport. He was sentenced to serve a term of eighty-four months’

incarceration in the Arkansas Department of Correction. On appeal, appellant argues that

the evidence is insufficient to support his conviction. We affirm.

At trial, following the close of the State’s case, appellant moved for a directed verdict.

The following exchange took place.

APPELLANT’S COUNSEL: Your Honor, at this point in time the Defense comes
forward and would move for a directed verdict under
526-401. Client is charged with nonsupport and the
elements require that he fails to provide support to a
legitimate child who is less than 18 years of age. I don’t
know at this point in time there’s been any dispute about
the amount being greater than $25,000 as been provide
[sic] by the testimony so far. But with respect to the
elements of him failing to provide support to a legitimate
child less than 18, we would move for a direct verdict in
that the State has not made a—has not sustained its
burden of proof with respect to those particular elements
of the offense.

THE COURT: Which element do you think the State has not made a
prima facie case on?

APPELLANT’S COUNSEL: That he failed to provide support. That would be one
thing that they haven’t established, haven’t made a fact
issue on failing to provide support. And also that it was
a legitimate child who is less than 18 years of age. I mean
don’t know what proof there’s really been of that at all.
I mean there was a document entered but I don’t recall
any evidence of the child being legitimate and who all it
was born to and all that.

THE COURT: Okay. Well, that last witness testified about the child
being his child. I believe. Is that correct, Mr. Clary?

THE STATE: It is, Judge, and State’s Exhibit 1 outlines that Mr. Curtis
is the father of Miss Cross and it lists Miss Cross date of
birth which is under 18 years of age.

THE COURT: And Mr. Dailey was also asked about the birth date of
the child which was 11/13/06. So with regard to not
meeting the elements of the case your motion is denied.

At the close of all the evidence, appellant renewed his directed-verdict motion, which was

again denied.

A motion for a directed verdict is a challenge to the sufficiency of the evidence.1 In

a challenge to the sufficiency of the evidence, we review the evidence in the light most

favorable to the State and consider only the evidence that supports the conviction.2

Evidence is sufficient if it is of such character and force that it, with reasonable certainty,

1
Lewis v. State, 2016 Ark. App. 257, 492 S.W3d 538.
2
Woods v. State, 2018 Ark. App. 256, 548 S.W.3d 832.

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compels a conclusion one way or the other without resort to speculation or conjecture. 3

The credibility of witnesses is an issue for the jury and the trier of fact is free to believe all

or part of any witness’s testimony and may resolve questions of conflicting testimony and

inconsistent evidence.4

In order to preserve a challenge to the sufficiency of the evidence in a jury trial, a

criminal defendant must make a motion for directed verdict at the close of the evidence

offered by the prosecution and at the close of all the evidence. 5 A motion for directed

verdict shall state the specific grounds therefor.6 An appellant must make a specific motion

for a directed verdict that advises the circuit court of the exact element of the crime that the

State has failed to prove.7 Failure to abide by these rules renders any question of the

sufficiency of the evidence waived on appeal.8

Here, appellant has submitted an appellate brief containing an argument section that

is devoid of any substance or “argument,” if you will. Essentially, the argument consists

entirely of the following two conclusory sentences. “The prosecution failed to prove that

Mr. Curtis is $25,000 or more behind on his child support obligations. The prosecution

3
Id.
4
Kinsey v. State, 2016 Ark. 393, 503 S.W.3d 772.
5
Ark. R. Crim. P. 33.1(a) (2019).
6
Maxwell v. State, 373 Ark. 553, 285 S.W.3d 195 (2008).
7
Conley v. State, 2011 Ark. App. 597, 385 S.W.3d 875.
8
Ark. R. Crim. P. 33.1(c); Bradley v. State, 2013 Ark. 58, 426 S.W.3d 363.

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failed to prove that the minor child is the child of Mr. Curtis.” Appellant does not provide

any further elaboration, argument, or support for his conclusory statements. An appellate

court will not make a party’s argument for him or her or consider an argument that is not

properly developed.9 Therefore, to the extent that appellant’s directed-verdict motion is

adequate to preserve the sufficiency challenge for our review, he has brought forth no

argument on appeal for this court to consider, and we affirm.

Affirmed.

VIRDEN and HARRISON, JJ., agree.

Jones Law Firm, by: Parker Jones and John A. Butler, for appellant.

Leslie Rutledge, Att’y Gen., by: Christopher R. Warthen, Ass’t Att’y Gen., for appellee.

9
See Pokatilov v. State, 2017 Ark. 264, 526 S.W.3d 849.
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