SUPREME COURT OF ARKANSAS
STATE OF ARKANSAS,
Opinion Delivered March 16, 2006
APPEAL FRO M THE UNION
COUNTY CIRCUIT COURT,
H O N . H A M I L T O N H O B B S
CRIMINAL LAW – SUFFICIENCY OF THE EVIDENCE – CAPITAL MURDER & AGGRAVATED
ROBBERY. – There was substantial evidence to support appellant’s convictions for aggravated
robbery and capital murder where appellant announced he was going to rob a store, where
a witness saw a black man leaving the scene of the crime wearing a hooded sweatshirt, similar
to one worn by the appellant just prior to the murder, where appellant returned to his friend’s
car, pointed a gun at him, and directed him to drive to El Dorado, where he told his friend
that he thought he shot a man in the leg, where he fled the state, and where a partial DNA
profile taken from a sweatshirt found near the scene of the crime was consistent with
Appeal from Union Circuit Court; Hamilton Hobbs Singleton, Judge; affirmed.
Wright & Van Noy, by: Herbert T. Wright, Jr., P.A., for appellant
Mike Beebe, Att’y Gen., by: Misty Wilson Borkowski, Ass’t Att’y Gen., for appellee.
JIM HANNAH, Chief Justice.
Appellant Euphrates “Fat Boy” Whitt was convicted of aggravated robbery and capital
murder in the Union County Circuit Court. He was sentenced to a term of life
imprisonment for the aggravated-robbery charge and a term of life imprisonment without
the possibility of parole for the capital-murder charge, with the sentences to run
consecutively. Whitt’s sole point on appeal is that the circuit court erred in denying his
motions for directed verdict. As Whitt was sentenced to life imprisonment without parole,
this court’s jurisdiction is proper pursuant to Ark. Sup. Ct. R. 1-2(a)(2). We find no error
and, accordingly, we affirm.
Whitt was charged with capital murder committed in the course of an aggravated
robbery. A person commits capital murder if “[a]cting alone or with on