ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
SARAH HEFFLEY, JUDGE
ROMMELL GILL AND PATRICK GILL
STATE OF ARKANSAS
CA CR 06-697
March 7, 2007
APPEAL FROM THE CIRCUIT COURT
OF PULASKI COUNTY
HONORABLE TIMOTHY DAVIS FOX,
SARAH J. HEFFLEY, JUDGE
In separate incidents, Ben Spillyards and Luke Wise were beaten by a group of men
at a Shell station in Little Rock. As a result of these attacks, appellants Rommell Gill and
Patrick Gill, who are brothers, were each charged with second-degree battery as to victim
Luke Wise, and third-degree battery as to victim Ben Spillyards. The prosecution also sought
to enhance their sentences under Ark. Code Ann. § 5-74-108 (Repl. 2005), which provides
for an increase in the sentencing range for those convicted of a crime of violence while
acting in concert with two or more persons.
Rommell and Patrick were tried together in a bench trial. Rommell was found guilty
of two counts of third-degree battery. Patrick was found guilty of second-degree battery
concerning victim Luke Wise, but the State nolle prossed the third-degree battery charge with
regard to victim Ben Spillyards. The trial court found sufficient evidence to sentence them
both under Ark. Code Ann. § 5-74-108. Rommell was sentenced to concurrent terms of three
years in prison, while Patrick was also sentenced to three years in prison.
On appeal, Rommell contends that the trial court erred in denying his motion for a
directed verdict on the charge of third-degree battery as to the victim Ben Spillyards. He also
challenges the trial court’s decision to enhance the penalty range for both his convictions.
Patrick argues that the trial court erred in denying his motion for a directed verdict on the
charge of second-degree battery. Like Rommell, he also challenges the enhancement
decision. Finding no error, we affirm.
At trial, Ben Spillyards, a high school student, testified as follows. He and a friend