ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
JOSEPHINE LINKER HART, JUDGE
STATE OF ARKANSAS
January 9, 2008
APPEAL FROM THE UNION
COUNTY CIRCUIT COURT
HON. CAROL CRAFTON ANTHONY,
Jason Alphin was convicted in a Union County bench trial of seconddegree
forgery, and he was sentenced to thirtysix months’ probation. On appeal, Alphin argues
that the trial court committed reversible error, first when it denied his directedverdict
motion at the close of the State’s caseinchief in which he argued that there was
insufficient evidence that he was the perpetrator, and second when, at the close of all the
evidence, it found there was sufficient evidence that he uttered the check “with the
purpose to defraud.” We affirm.
Alphinwas chargedwith forging the name of Deborah Kelley to one of her checks
and using the check to buy $300 worth of merchandise at WalMart. At the time of his
alleged offense, Alphin was living with Kelley and her two sons.
At trial, Kelley denied giving Alphin the check or authorizing him to sign it.
When the check was introduced into evidence, she testified that it did not bear her
signature. Kelley stated that she identified Alphin on surveillance video, allegedly
passing the check, which led to his arrest. She asserted unequivocally that Alphin “stole”
WalMart cashier Eva Janette Frazier testified that the cash registers at WalMart
are under video surveillance. She noted that a cash register receipt showed that she
handled Alphin’s transaction where he purchased $449.57 worth of merchandise, $300
of which he paid for by check. The transaction included children’s winter clothing, a CD
player, a digital camera, and batteries.
At the close of the State’s caseinchief, Alphin argued, in pertinent part, that there
was “no evidence” that Alphin uttered the che