ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
JOHN B. ROBBINS, JUDGE
STATE OF ARKANSAS
OCTOBER 11, 2006
APPEAL FROM THE CRAIGHEAD
COUNTY CIRCUIT COURT,
[NO. CR2004-820, CR2001-741]
HONORABLE VICTOR LAMONT
Appellant Walter McCullough was convicted by a Craighead County Circuit
Court jury of committing a terroristic act and battery in the first degree. He was accused of
walking up to the victim, Craig Dochniak, who was sitting in his car, and shooting Craig in
the thigh. Appellant appeals, arguing two points on appeal: (1) there is insufficient evidence
to support the first-degree battery conviction because of a failure of proof of “serious
physical injury,” a failure to produce the actual gun at trial, and a lack of State witness’s
credibility; and (2) appellant was subjected to double jeopardy for having been convicted
and punished for both battery and committing a terroristic act. We affirm.
With regard to the battery conviction, appellant argues that the trial court erred in
failing to grant his motion for directed verdict, which is the means by which a defendant
challenges the sufficiency of the evidence. In reviewing a challenge to the sufficiency of the
evidence, we view the evidence in a light most favorable to the State and consider only the
evidence that supports the verdict. Cluck v. State, Ark. , S.W.3d (Feb. 6, 2006).
We affirm a conviction if substantial evidence exists to support it. Id. Substantial evidence
is that which is of sufficient force and character that it will, with reasonable certainty, compel
a conclusion one way or the other, without resorting to speculation or conjecture. Id. Any
questions of credibility are left to the jury, the finder of fact. Hutcheson v. State, Ark.
App. , S.W.3d (Sept. 14, 2005).
We examine the evidence presented at this jury trial to determine whether sufficient
evidence supports the first-degree battery co