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Frank McHenry v. State of Arkansas

2026-10-28

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Cite as 2026 Ark. App. 500

ARKANSAS COURT OF APPEALS

DIVISION III

No. CR-25-785

FRANK MCHENRY Opinion Delivered October 28, 2026

APPELLANT

APPEAL FROM THE CRAIGHEAD

COUNTY CIRCUIT COURT,

V. WESTERN DISTRICT

[NO. 16JCR-24-1065]

STATE OF ARKANSAS

APPELLEE HONORABLE SCOTT A. ELLINGTON,

JUDGE

AFFIRMED

RAYMOND R. ABRAMSON, Judge

Frank McHenry appeals his conviction for kidnapping from the Craighead County

Circuit Court. On appeal, McHenry argues that the circuit court erred by denying his motion

for a directed verdict. We affirm.

On September 26, 2024, the State filed a criminal information charging McHenry

with kidnapping and aggravated robbery. On June 23, 2025, the State amended the

information to also charge McHenry as a habitual offender with four or more prior felony

convictions.

On August 12, 2025, the court held a jury trial. At trial, Kimberly Gray testified that

she worked the night shift as a front-desk clerk at a hotel, and on August 27, 2024, a man

“robbed [her] at knife point.” She explained that the man put a knife to her throat and placed her in a chokehold, dragged her to the restroom, forced her to throw her phone on the floor,

pinned her against the restroom wall, and demanded the hotel’s money. Gray told him that

the money was in the register and that she had a key, and the man let her leave the restroom.

She stated that she unlocked the register and gave him the contents totaling $156.79. She

stated that the man returned her phone and left, and she called 911.

Officer Shane Williams testified that he works for the Jonesboro Police Department

and that he was dispatched to the hotel on August 27. He explained that he talked to Gray,

and she reported what happened. The State played Williams’s body-cam footage, and in the

recording, Gray stated that the man “locked [them]” in the bathroom.

Detective Michael Starnes testified that he investigated the hotel robbery and

obtained the hotel-surveillance video showing a man forcing Gray from the front desk and

into a room. He further stated that he received a tip from the Crime Stoppers program that

led to McHenry’s arrest. Starnes explained that he interviewed McHenry, who admitted to

his actions at the hotel because he was “hard up for cash.” At trial, the State played the hotelsurveillance footage and the recorded interview with McHenry.

At the conclusion of the State’s case, McHenry moved for a directed verdict as

follows:

At this time I’m going to move for directed verdict on behalf of the Defendant, Your

Honor, on both the counts of aggravated robbery and kidnapping. Defendant alleges

the State has failed to meet its burden of proof. That is as to all of the elements of the

crime, and based on the fact that the State has—we believe the State has not met their

burden, has not offered the evidence in the form of testimony or other evidence in

order to move forward, we’d ask the Court to dismiss the State’s case at this time.

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The court denied the motion. McHenry did not call any witnesses and renewed his directedverdict motion, which was again denied.

The jury found McHenry guilty of both aggravated robbery and kidnapping, and he

was sentenced to thirty-five years’ imprisonment on each count to run concurrently. This

appeal followed.

On appeal, McHenry argues that the circuit court erred by denying his directedverdict motion as to the kidnapping charge. He argues that the State presented insufficient

evidence that he employed any greater restraint on the victim than that normally incident to

aggravated robbery.

We cannot address McHenry’s argument because it is not preserved for our review.

Arkansas Rule of Criminal Procedure 33.1(b) requires that a directed-verdict motion based

on insufficient evidence must specify in what manner the evidence is deficient. See Merchant

v. State, 2017 Ark. App. 576, 532 S.W.3d 136. A motion merely stating that the evidence is

insufficient does not preserve issues concerning a specific deficiency. Id. Rule 33.1 is to be

strictly construed. Pinell v. State, 364 Ark. 353, 219 S.W.3d 168 (2005). The reasoning behind

Rule 33.1 “is that when specific grounds are stated and the absent proof is pinpointed, the

circuit court can either grant the motion, or, if justice requires, allow the State to reopen its

case and supply the missing proof.” Id. at 357, 219 S.W.3d at 171. Another reason the

motion must be specific is that the appellate courts cannot decide an issue for the first time

on appeal. Id.

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In this case, because McHenry’s directed-verdict motion did not specify in what

manner the State’s proof was insufficient, his argument on appeal is not preserved for

appellate review. Accordingly, we must affirm his conviction for kidnapping.

Affirmed.

BARRETT and MURPHY, JJ., agree.

Dusti Standridge, for appellant.

Tim Griffin, Att’y Gen., by: Rebecca Kane, Ass’t Att’y Gen., for appellee.

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