A Grant County man serving a prison sentence on a drug-related charge failed to convince the Arkansas Court of Appeals that the judge in his trial erred by admitting certain evidence and denying his motion for a directed verdict.
Scott David Ashcraft was sentenced to 25 years in prison after being convicted of delivery of hydrocodone within 1,000 feet of a church.
In his appeal, Ashcraft contended the testimony of the witnesses was inconsistent and argued that because of those inconsistencies, the evidence was not sufficient to find him guilty.
Appeals Court Chief Judge Robert Gladwin said that because Ashcraft’s attorney failed to be specific in his motion for a directed verdict, the appeals court would not consider the argument.
During the trial, Ashcraft’s attorney said “there’s been inconsistent testimony to enable the jury to find him guilty of delivery of a controlled substance, mainly Hydrocodone schedule three, and distribution within or near a church to substant any other charges whatsoever.”
The Appeals Court ruling said Ashcraft’s attorney made a similar statement at the close of the state’s case, but did not present the trial court with evidence of those alleged inconsistencies.
Ashcraft argued the introduction of a duplicate photograph instead of an original photograph at his trial, because there were questions as to the authenticity of the photograph.
“Here, the trial court did not rule on Ashcraft’s objection, and Ashcraft did not renew his objection when the photograph was introduced into evidence,” Judge Gladwin said in the Appeals Court ruling.