STATE OF ARKANSAS
October 31, 2007
APPEAL FROM THE BRADLEY
COUNTY CIRCUIT COURT [NO. CR
HON. SAMUEL B. POPE,
Thomas Bass appeals from his conviction at a jury trial of aggravated robbery, for
which he was sentenced to fifteen years’ imprisonment. He argues that the finding of guilt
is not supported by substantial evidence. We affirm without reaching the merits of his
In order to preserve for appeal the issue of the sufficiency of the evidence, a defendant
must first raise the issue to the trial court as provided in Ark. R. Crim. P. 33.1. Rule 33.1(a)
provides that, in a jury trial, a defendant must challenge sufficiency by a specific motion for
directed verdict at the close of the evidence offered by the prosecution and at the close of all
of the evidence. A defendant’s failure to raise the issue at the times and in the manner
required by the rule will constitute a waiver of any question pertaining to the sufficiency of
the evidence to support the judgment. Ark. R. Crim. P. 33.1(c).
ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
JOHN MAUZY PITTMAN, CHIEF JUDGE
Here, appellant moved for a directed verdict at the close of the State’s case and
renewed the motion at the close of his own case. However, he failed to renew the motion
at the close of the State’s rebuttal evidence. The requirement that the motion be renewed at
the close of all of the evidence obliged appellant to renew his motion at the close of the
State’s rebuttal case in order to preserve the issue. Doss v. State, 351 Ark. 667, 97 S.W.3d
413 (2003); King v. State, 338 Ark. 591, 999 S.W.2d 183 (1999); Hamm v. State, 91 Ark.
App. 177, 209 S.W.3d 414 (2005). Appellant’s failure to do so in this case was a waiver of
the issue raised on appeal.
GRIFFEN and MARSHALL, JJ., agree.