Page:Jones v. State, 357 Ark. 545 (2004).pdf/4

548 plastic bags behind appellant's driver's seat; nothing in the record revealed that appellant possessed the syringe for a legitimate use; therefore, the evidence was of sufficient force or character to compel reasonable minds to reach a conclusion and pass beyond suspicion and conjecture under applicable precedent, and the motion for directed verdict was properly denied. CRIMINAL LAW–JURY INSTRUCTIONS–DO NOT TRUMP PLAIN LANGUAGE OF CRIMINAL STATUTES.–The criminal jury instructions do not trump the plain language of the criminal statutes. CRIMINAL LAW– DOES NOT ACCURATELY REFLECT LAW IN EFFECT AFTER 1993–BECAUSE TRIAL COURT ERRONEOUSLY INSTRUCTED JURY UNDER CASE WAS REMANDED FOR RESENTENCING IN PENALTY PHASE.–Under subsections (1), (3), and (5), respectively, Ark. Code Ann. § 5-4-104(d) (Supp. 2003) allows for imprisonment, payment of a fine, or imprisonment and a payment of a fine; however, AMCI 2d 9202 allows for the jury to consider only the possibility of imprisonment when the defendant is an habitual offender; it does not give the jury the option of considering only payment of a fine, as authorized by Ark. Code Ann. § 5-4-104(d)(3); thus, AMCI 2d 9202 does not accurately reflect the law in effect after 1993, when section (e)(4) of Ark. Code Ann. § 5-4-104 (1987), was repealed; the State conceded that the trial court's error with respect to this point on appeal regarding jury instructions; thus, the supreme court held that the trial court erroneously instructed the jury under AMCI 2d 9202; the convictions in the guilt phase were affirmed, and the case was remanded for resentencing in the penalty phase.

Appeal from Sebastian Circuit Court; J. Michael Fitzhugh, Judge; affirmed in part; reversed and remanded in part.

John W. Settle, for appellant.

Mike Beebe, Att'y Gen., by: Brad Newman, Ass't Att'y Gen., for appellee.

 T, Justice. This appeal arises from the conviction of appellant, Jonah Vaughn Jones, for possession of methamphetamine, a violation of Ark. Code Ann. § 5-64-401 (Supp. 2003) and a class C felony, and possession of drug paraphernalia, a violation of Ark. Code Ann. § 5-64-403 (Supp. 2003) and a