ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
JOHN B. ROBBINS, JUDGE
STATE OF ARKANSAS
SEPTEMBER 5, 2007
APPEAL FROM THE UNION
COUNTY CIRCUIT COURT
HONORABLE HAMILTON HOBBS
Appellant Gregory Hayes was convicted by a jury of possession of codeine
with intent to deliver, and was sentenced as a habitual offender to thirty years in prison.
Mr. Hayes now appeals, and his sole argument for reversal is that there was insufficient
evidence to support his conviction. We affirm.
When a defendant challenges the sufficiency of the evidence, we review the evidence
in the light most favorable to the State and will affirm the conviction if it is supported by
substantial evidence. Fairchild v. State, 349 Ark. 147, 76 S.W.3d 884 (2002). Evidence is
substantial if it is of sufficient force and character that, with reasonable certainty, it will
compel a conclusion one way or the other and pass beyond speculation or conjecture.
Carmichael v. State, 340 Ark. 598, 12 S.W.3d 225 (2000).
Mitchell Webb, a special agent for the U.S. Postal Service, became involved in the
investigation of a package mailed from California and addressed to LaTonya Miles of 1408
North Highland, El Dorado, Arkansas. LaTonya Miles was appellant’s girlfriend. Mr.
Webb intercepted the package on May 3, 2005, and obtained a federal search warrant. Mr.
Webb opened the package and discovered that it contained eight bottles of Promethazine
cough syrup with codeine. He then resealed the package and prepared it for delivery.
On May 5, 2005, Mr. Webb dressed as a mailman and made deliveries along North
Highland. He attempted to deliver the package to Ms. Miles’s address, and when no one
answered the door he left a delivery slip in the mailbox with instructions that the package
could be picked up at the post office. As he continued to deliver mail in the area, Mr. Webb
observed Mr. Hayes drive by him at least twice. Mr. Webb subsequent