ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
BRIAN S. MILLER, JUDGE
March 5, 2008
DAVID LEE DANIELS
AN APPEAL FROM THE BENTON
COUNTY CIRCUIT COURT
STATE OF ARKANSAS
HONORABLE DAVID CLINGER,
A Benton County jury found appellant David Lee Daniels guilty of theft of property,
a Class C Felony, and sentenced him as a habitual offender to fourteen years’ imprisonment.
On appeal, he argues that the trial court abused its discretion when it admitted certain items
into evidence. We affirm.
Because Daniels does not challenge the sufficiency of the evidence, only a brief
recitation of the facts is necessary. On March 18, 2005, Daniels and Andrea Sharp returned
a box purporting to contain a Sony camcorder to a WalMart store in Bentonville and
obtained a cash refund of $697.47. Less than four hours after Daniels and Sharp left the
store, it was discovered that the box actually contained a Quasar camcorder. Daniels was
later arrested and charged with theft of property.
At Daniels’s trial, the court permitted the State to introduce into evidence the Sony
camcorder box, the Quasar camcorder, and an unsigned copy of the refund receipt. Daniels
objected to the introduction of all three items, and now argues that the trial court abused its
discretion when it admitted those items into evidence. We will not reverse a trial court’s
ruling on the admission of evidence absent an abuse of discretion nor will we reverse absent
a showing of prejudice. McClellan v. State, 81 Ark. App. 361, 101 S.W.3d 864 (2003).
Daniels first argues that the trial court violated Arkansas Rules of Evidence 901 and
403 when it admitted the Sony camcorder box and Quasar camcorder into evidence. Daniels
failed to raise a Rule 403 objection below; therefore, that portion of his argument is not
preserved. See Miller v. State,
(Jan. 31, 2007). Pursuant
to Rule 901 of the Arkansas Rul