|
|
| |
| Fri, Sep. 5, 2008 |  |
 |
|
||
| |
Barling man loses appeal in forgery case Thursday, Feb 7, 2008 By John Lyon Arkansas News Bureau LITTLE ROCK - The state Court of Appeals on Wednesday upheld the 2006 conviction of a Barling man who was sentenced to 40 years in prison for second-degree forgery and possession of drug paraphernalia with intent to manufacture methamphetamine. Kenneth Dana Brewton was arrested June 7, 2005, after police officers who were investigating two incidents of attempts to pass forged checks stopped a vehicle Brewton was driving and found counterfeit checks in the vehicle. Officers later found more counterfeit checks at Brewton's home, as well as check-making equipment and numerous items of drug paraphernalia. John Ross Kaiser, a friend of Brewton who lived in Brewton's home, was in the vehicle when police stopped it. Kaiser matched the description of the person police were looking for when they made the stop. Kaiser later pleaded guilty to drug and forgery charges and was sentenced to five years in prison plus 15 years suspended. Brewton argued on appeal that the jury lacked sufficient evidence to convict him because it was Kaiser, not he, who tried to pass forged checks on June 7. In its opinion upholding Brewton's conviction, the Court of Appeals said there was sufficient evidence to show that Brewton was at least an accomplice to forgery, including a written statement by Brewton in which he admitted observing Kaiser making counterfeit checks. "An accomplice is criminally liable for the conduct of the principle and cannot disclaim liability because he did not take part in every act that made up the crime as a whole," Judge D.P. Marshall Jr. wrote for the court. The court also rejected an argument by Brewton that police unlawfully searched the vehicle. The search was lawful because it followed a lawful arrest, the court said. Brewton further argued that prosecutors should not have been allowed to amend his charges on the day of the trial. Brewton originally was charged with manufacturing methamphetamine, but shortly before trial the state amended that charge to possession of paraphernalia with intent to manufacture meth. The change resulted in Brewton being charged with a lesser offense and therefore "benefited rather than prejudiced him," Marshall wrote. |
