ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

JOHN E. JENNINGS, JUDGE

DIVISION II

CACR 00-587

September 19, 2001

LEONARD NOBLE APPEAL FROM SEBASTIAN COUNTY

APPELLANT CIRCUIT COURT

VS.

HONORABLE JAMES R. MARSCHEWSKI,

CIRCUIT JUDGE

STATE OF ARKANSAS

APPELLEE AFFIRMED

Leonard Noble was found guilty by a jury of burglary and rape and was sentenced by the Sebastian County Circuit Court to a term of seventy-five years' imprisonment. On appeal Noble argues that the evidence was insufficient to support his conviction. In response the State argues that the issue of the sufficiency of the evidence was waived at trial. The State is correct.

At trial appellant moved for a directed verdict at the close of the State's case-in-chief and renewed his motion when he rested. But the motion was not renewed after the State put on rebuttal evidence, and this clearly constitutes a waiver of the issue of the sufficiency of the evidence. King v. State, 338 Ark. 591, 999 S.W.2d 183 (1999); Rankin v. State, 329 Ark. 379, 948 S.W.2d 397 (1997).

It follows that the decision of the circuit court must be affirmed.

Affirmed.

Crabtree and Baker, JJ., agree.