NOT DESIGNATED FOR PUBLICATION

ARKANSAS COURT OF APPEALS

LARRY D. VAUGHT, JUDGE

DIVISION II

STEVEN ANTHONY WALKER

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR01-1176

OCTOBER 2, 2002

APPEAL FROM THE MISSISSIPPI COUNTY CIRCUIT COURT

CR-2001-130

HON. CHARLES DAVID BURNETT, JUDGE

AFFIRMED

Appellant, Steven Anthony Walker, was convicted by a jury of being a felon in possession of a firearm and sentenced to a term of 108 months' imprisonment. His sole issue on appeal is whether there is sufficient evidence to sustain the conviction. Because appellant failed to move for a directed verdict at the close of the State's case, his sufficiency argument has not been preserved for our review. Therefore, we affirm.

At the close of the State's case, the trial judge stated, "Show motion made and denied." Subsequently, at the close of the evidence, the judge asked appellant whether he wanted to renew his motion for directed verdict. Appellant responded affirmatively, and the motion was denied.

Arkansas Rule of Criminal Procedure 33.1(a) (2001) sets out the proper procedure for making a motion for directed verdict in a jury trial:

(a) In a jury trial, if a motion for directed verdict is to be made, it shall be made at the close of the evidence offered by the prosecution and at the close of all of the evidence. A motion for directed verdict shall state the specific grounds therefor.

See also Dulaney v. State, 327 Ark. 30, 937 S.W.2d 162 (1997). Appellant did not move for directed verdict at the close of the State's evidence. Rather, the trial judge merely asserted, "Show motion made and denied." The trial judge, however, cannot make a directed-verdict motion on behalf of a party. See Cummings v. State, 315 Ark, 541, 544-545, 869 S.W.2d 17, 19-20 (1994) (holding that the trial court's statement that the "normal and customary and usual motions are considered and overruled" did not preserve a challenge to the sufficiency of the evidence). Appellant's sufficiency argument is not preserved for our review.

Affirmed.

Neal and Roaf, JJ., agree.