Montrell Simmons v. State of Arkansas

── Montrell Simmons v. State of Arkansas ── Court: Supreme Court of Arkansas Date: April 30, 2026 Category: General Cite as 2026 Ark. 90 SUPREME COURT OF ARKANSAS No. CR-25-658 Opinion Delivered: April 30, 2026 MONTRELL SIMMONS APPELLANT APPEAL FROM THE FAULKNER COUNTY CIRCUIT COURT V. [NO. 23CR-24-776] HONORABLE CHARLES E. STATE OF ARKANSAS CLAWSON III, JUDGE APPELLEE AFFIRMED. BARBARA W. WEBB, Justice Appellant Montrell Simmons was convicted of aggravated robbery and capital murder and received sentences of life imprisonment and 480 months’ imprisonment, respectively. On appeal, Simmons argues that the State presented insufficient evidence to convict him of aggravated robbery, the predicate felony for his capital-murder conviction. He further argues that if capital murder is unsupported by the evidence, his conviction cannot be reduced to the lesser-included offense of first-degree murder. We affirm. I. Background Simmons met Israel Demont Credit on a social-media application called “Tagged.” Montrell traveled from Little Rock to Conway to meet Credit at his home under the guise of having sex. However, Montrell later admitted that this was a ploy to meet up so that he could rob Credit.  When Simmons attempted to rob Credit, Credit called 911. Simmons attempted to grab the phone, and a struggle ensued. Simmons then shot Credit. Credit’s mother returned home the next day and found her son dead on the floor. A single shell casing was lying next to him. From Credit’s phone, police discovered that Simmons had been messaging Credit through Tagged. A search warrant was subsequently executed on Simmons’s home, and a 9mm handgun and a pair of Nike shoes were recovered. Forensic testing revealed that the handgun was used to fire the bullet that killed Credit. In addition, the shoes tested positive for blood and Credit’s DNA. Simmons was charged with capital murder in furtherance of aggravated robbery, aggravated robbery, possession of firearms by certain persons, and a habitual-offender enhancement for having previously been convicted of four or more felonies. At trial, Simmons moved for a directed verdict on the capital-murder charge, which the circuit court denied. He was convicted of capital murder and aggravated robbery. The State nolle prossed the charge of possession of firearms by certain persons. Simmons received a cumulative sentence of life imprisonment without the possibility of parole. This appeal followed. II. Discussion Simmons argues on appeal that the State presented insufficient evidence that he committed aggravated robbery because, absent his confession that he sought to rob Credit, the evidence fails to establish his intent to commit theft. As such, the State’s failure to prove aggravated robbery, the predicate felony for capital murder, renders both his convictions 2 invalid. The State contends that Simmons’s argument on this point is unpreserved. We agree. To preserve a challenge to the sufficiency of the evidence, an appellant must make a specific motion for a directed verdict that advises the circuit court of the exact element of the crime that the State has failed to prove. Grady v. State, 350 Ark. 160, 85 S.W.3d 531 (2002). A general motion for directed verdict that merely asserts that the State has failed to prove its case is inadequate to preserve a sufficiency challenge for appeal. Perry v. State, 2014 Ark. 535, 453 S.W.3d 650. Simmons’s ar