Cite as 2012 Ark. App. 63 ARKANSAS COURT OF APPEALS DIVISION II No. CACR11-716 Opinion Delivered JANUARY 18, 2012 APPEAL FROM THE PULASKI RICHARD DUNCAN COUNTY CIRCUIT COURT, APPELLANT SECOND DIVISION [NO. CR2010-3715] V. HONORABLE CHRIS PIAZZA, JUDGE STATE OF ARKANSAS APPELLEE AFFIRMED ROBIN F. WYNNE, Judge Richard Duncan appeals from his conviction on charges of possession of a controlled substance–cocaine, simultaneous possession of drugs and firearms, possession of a prohibited weapon, possession of a controlled substance–marijuana (third offense), and felon in possession of a firearm. Appellant’s sole point on appeal is that he cannot be convicted of both possession of a controlled substance and simultaneous possession of drugs and firearms because that would constitute a violation of this state’s statutory prohibition against double jeopardy. We affirm. Our review of the record reveals that appellant never raised the argument he makes on appeal before the trial court. This court has stated many times that it will not consider arguments raised for the first time on appeal, and even constitutional arguments must be raised below. See VanOven v. State, 2011 Ark. App. 46, 380 S.W.3d 507. Based on appellant’s
Cite as 2012 Ark. App. 63 failure to preserve his argument for appellate review, the judgment of the trial court is affirmed. Affirmed. HART and GLADWIN, JJ., agree. Tim Boozer, Deputy Pub. Def., by: Mary Kathryn Williams, Deputy Pub. Def., for appellant. Dustin McDaniel, Att’y Gen., by: Vada Berger, Ass’t Att’y Gen., for appellee. 2
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.