NOT DESIGNATED FOR PUBLICATION

ARKANSAS COURT OF APPEALS

JUDGE JOSEPHINE LINKER HART

DIVISION III

SEPRIA JENKINS

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR02-322

November 13, 2002

APPEAL FROM THE OUACHITA COUNTY CIRCUIT COURT

[NO. CR-2001-192]

HONORABLE CAROL CRAFTON ANTHONY, CIRCUIT JUDGE

AFFIRMED

At a bench trial, appellant, Sepria Jenkins, was convicted of the crime of first-degree criminal mischief and was sentenced to three years' probation and ordered to perform community service and pay restitution and court costs. On appeal, appellant argues that the evidence was insufficient to support her conviction. Because appellant did not move for a directed verdict at the close of all the evidence, the issue was not preserved for appellate review. Thus, we affirm.

In a nonjury trial, if a defendant fails to renew a motion for dismissal at the close of all the evidence, a challenge to the sufficiency of the evidence is waived. Ark. R. Crim. P. 33.1(b)-(c) (2002). This was a bench trial, and while appellant moved for a directed verdict at the close of the State's evidence, appellant failed to renew her motion at the close of all the evidence. Instead, appellant rested her case and the parties made their closing arguments. The Arkansas Supreme Court has previously concluded that proceeding to closing arguments

during a bench trial without appellant first moving for a directed verdict waives appellant's challenge to the sufficiency of the evidence. State v. Holmes, 347 Ark. 689, 692-93, 66 S.W.3d 640, 642-43 (2002); Jones v. State, 347 Ark. 409, 414-16, 64 S.W.3d 728, 731-33 (2002). Because appellant's challenge to the sufficiency of the evidence was not preserved for appellate review, we affirm her conviction.

Affirmed.

Stroud, C.J., and Roaf, J., agree.