SUPREME COURT OF ARKANSAS
No. CR05-1366
ANDRE DEON MCEWING,
APPELLANT,
VS.
STATE OF ARKANSAS,
APPELLEE,
Opinion Delivered June 1, 2006
APPEAL FROM THE PULASKI COUNTY
CIRCUIT COURT,
NO. CR05-1493,
HON. WILLARD PROCTOR, JR., JUDGE,
AFFIRMED.
JIM HANNAH, Chief Justice
Appellant Andre Deon McEwing was charged with aggravated robbery, theft of
property, and first-degree battery in connection with the assault of Floyd Ross and the
subsequent theft of his vehicle. A Pulaski County jury found him guilty of all three charges,
and McEwing was sentenced to a term of life imprisonment for aggravated robbery, forty
years’ imprisonment for theft of property, and forty years’ imprisonment for first-degree
battery as a habitual offender, with the sentences to run concurrently. McEwing’s sole point
for reversal is that the circuit court abused its discretion in excluding one of his alibi
witnesses from testifying at trial. As this is an appeal in which a term of life imprisonment
has been imposed, our jurisdiction is pursuant to Ark. Sup. Ct. R. 1-2(a)(2). We find no
error and, accordingly, we affirm.
At trial, the State’s central witness was the victim, Floyd Ross. Ross testified that on
Christmas Eve of 2003, he went to the area of Arkansas Baptist College, in Little Rock, to
find some firewood to buy. While in the vicinity of the college, Ross was stopped by a man
he identified as McEwing, whom he had met the previous October at a college event.
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CR05-1366
McEwing told Ross that he was having car trouble and needed help. According to Ross,
McEwing told him that he was cold, and Ross let him sit in his car as he drove toward
McEwing’s van. Once inside Ross’s vehicle, McEwing waved a friend over, and the friend
got in the backseat of Ross’s vehicle. Ross testified that he “got a gut feeling,” looked in
the backseat via the rearview mirror, and saw that McEwing’s friend had a gun.
McEwing’s friend fired a shot but missed Ross, breaking out Ross’s driver’s side
window. McEwing then pushed Ross into the backseat and