James E. Hinton Iii, Appellant v. State of Arkansas, Appellee — Wynne, J., Concurring in Part and Dissenting in Part

Summary

Justice Wynne concurs in affirming the second point on appeal but would reverse the theft conviction because the evidence did not show that the laptop was obtained by a threat of serious physical injury. He reasons that the firearm was displayed and pointed only after the laptop had been taken, and the theft statute does not extend to force used while resisting apprehension. Justice Hart separately agrees that the theft conviction should be affirmed but would reject the firearm sentencing enhancement for possession of a defaced firearm because possession alone is not employing the firearm as a means of committing that felony.