SAMUEL DEWAYNE WARD
STATE OF ARKANSAS
January 31, 2007
APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT
HON. MARION HUMPHREY,
AFFIRMED AS MODIFIED
LARRY D. VAUGHT, Judge
Appellant Samuel Dewayne Ward was convicted of theft of property and possession
of a firearm. He was sentenced as a habitual offender and received ten years’ imprisonment
for the theft-of-property conviction and fifteen years’ imprisonment for the possession-of-a-
firearm conviction. Ward raises two points on appeal. The first is that the trial court erred in
granting the State’s motion to amend the theft-of-property charge in the felony information
after both parties had rested. The second is that the fifteen-year sentence for possession of
a firearm is illegal. We affirm the theft-of-property conviction and modify the possession-of-
a firearm sentence as set forth below.
At trial, Roderick Tatum testified that in the early morning of July 31, 2004, while
sitting in his vehicle at an intersection, he was held up at gunpoint by an individual on foot.
Tatum testified that his attacker had dreadlocks. The individual took Tatum’s cell phone,
wallet, and vehicle. Later that day, Tatum saw his vehicle parked at an apartment complex.
While being observed by the police, a black man (later identified as Ward), exited the
apartment complex, entered Tatum’s vehicle, and drove away in the vehicle. The police
apprehended Ward and found a gun and a dreadlock wig in the stolen vehicle. The felony
information filed against Ward alleged the offenses of aggravated robbery, Class C felony
theft of property, and Class D felony possession of a firearm.
Tatum further testified that just two weeks prior to the incident, he paid $5700 for the
vehicle. Ward did not cross-examine Tatum on this issue or offer any other evidence
concerning the value of the vehicle. After both parties rested, but before the case was
submitted to the jury, the State requested that the felony information be amended