Fletcher v. State
Fletcher v. State
Opinion of the Court
A Pulaski County jury convicted appellant Roscoe Fletcher of aggravated-residential burglary, theft of property, and aggravated robbery. The jury sentenced him as a habitual offender to an aggregate term of forty years' imprisonment. Each sentence was enhanced twelve months for use of a firearm, with the enhancements running concurrently with each other but consecutively with the underlying offenses for an aggregate prison term of forty-one years. Fletcher does not challenge the sufficiency of the evidence to support his convictions for aggravated-residential burglary and aggravated robbery. Rather, he argues that the trial court erred in denying his directed-verdict motion on the theft-of-property conviction because the State failed to prove that he threatened to inflict serious physical injury on the victim. We affirm.
I. Trial Testimony
Willie Wilson testified that on the evening of March 20, 2016, he was visiting his friend, Cassyophis "Meeka" Williams, when two men-a younger man with dreadlocks and an older man-entered Williams's residence wearing masks and carrying guns. Wilson said that he immediately recognized the older man as someone he knew from the neighborhood as "Skeet," and he identified Fletcher as that man at trial. Wilson testified that Fletcher had a sawed-off, double-barreled, 12-gauge shotgun and that Fletcher had cocked it and demanded money. Wilson stated that Fletcher had the shotgun pointed at him with his finger on the trigger. He testified that Fletcher had ordered him to remove his clothes and ordered the younger man to take Wilson's wallet. According to Wilson, *549they took his identification and twenty or thirty dollars.
In moving for a directed verdict on the charge of theft of property, defense counsel argued, "In the light most favorable to the State[,] Mr. Wilson testified that a young black male with dreads took his property, and there is no proof that there was any threat given or any purpose of serious physical injury." The trial court denied the motion, and the jury returned its verdict of guilty.
I. Standard of Review
We treat a motion for a directed verdict as a challenge to the sufficiency of the evidence. Horton v. State ,
II. Theft of Property
A person commits theft of property if he or she knowingly obtains the property of another person by deception or by threat with the purpose of depriving the owner of the property.
III. Discussion
Fletcher argues that the State's evidence was insufficient for three reasons: (1) Wilson did not testify that Fletcher verbally threatened to inflict serious physical injury on him, (2) Wilson did not testify that Fletcher pumped or cocked the sawed-off shotgun that he pointed at him or that he saw Fletcher's finger on the shotgun's trigger, and (3) Wilson did not specifically testify that he believed Fletcher would inflict serious physical injury on him if he did not surrender his property.
As for the first argument, in defining "threat," the statute does not require that the threat be verbalized-the language describes a threat "however communicated." In Hinton v. State ,
*550Fletcher's second assertion is contrary to the victim's testimony. Wilson indeed testified that Fletcher cocked the shotgun and held his finger on the trigger.
Fletcher's third argument is not preserved for appellate review, since it was not raised in his directed-verdict motion. Merchant v. State ,
We hold that substantial evidence supports Fletcher's conviction for theft of property.
Affirmed.
Klappenbach and Murphy, JJ., agree.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.