¶1dissenting. I dissent as to that portion of the opinion reversing the kidnapping and theft convictions.
¶2First, the majority accepts without question the assertion of appellant that he was prejudiced because the police officers who testified against him were allowed to sit inside the railing in the courtroom directly in front of the jury during the closing arguments. The trial judge allowed this seating arrangement because there were rumors of an escape attempt on the part of the appellant. Clearly, the trial judge has wide discretion in determining the manner in which a trial is to be conducted, and we should not substitute our judgment for his unless there has been an abuse of discretion. Nevertheless, the majority characterizes the trial judge’s decision to permit the particular seating arrangement on the basis of a possible escape attempt as “a very thin reason,” and states that the “resulting prejudice” seems clear in that the jury gave the maximum sentences for kidnapping and theft to a first offender. Acting on what can be called a whim, the majority gives no reason for belittling the trial court’s expressed concern regarding a possible escape. Chief Justice Holt, on the other hand, implies in his concurring opinion that he simply disbelieves the trial judge by saying the officers’ presence was for the purpose of intimidation, not for security. Again, the majority and concurring opinions give no reasons for rejecting the trial judge’s finding in this matter. This case presents a clear instance where appellate justices have determined facts and credibility.
¶3Aside from such concerns, I submit that the jurors gave maximum sentences on those charges because the evidence of appellant’s guilt was overwhelming. Appellant admitted in the presence of several officers that he stole the car with a 20 month old baby in it. For whatever reason, he later decided to remove the baby, abandoning it on the side of the road. The baby’s older sister identified the appellant as the person who stole the car, and she further stated that the appellant prevented her from rescuing her baby sister by grabbing the baby’s legs so as to keep the child inside the car. The majority concedes that the evidence of guilt was overwhelming, and yet nevertheless feels compelled to demonstrate prejudice on behalf of the appellant, even though appellant has only argued, but not shown such. Aside from the fact that it is the appellant’s burden, not this court’s, to demonstrate prejudicial error, Snell v. State, 290 Ark. 503, 721 S.W.2d 628 (1986), the majority proceeds to ignore our cases in which this court has held that it will not consider arguments where the evidence of guilt is so overwhelming. Id.; Gage v. State, 295 Ark. 337, 748 S.W.2d 351 (1988). Even an error of constitutional proportion will not require reversal if it is harmless beyond a reasonable doubt. Gage, 295 Ark. 337, 748 S.W.2d 351; Snell, 290 Ark. 503, 721 S.W.2d 628. I would affirm on this point as appellant has not demonstrated prejudice in light of the overwhelming evidence against him.
¶4Regarding the theft charge, the majority asserts that the evidence did not “naturally” show a value in excess of $2,500 of an eight year old car. The majority totally ignores the car owner’s testimony. In this respect, the owner of the car, Iva Newsome, testified without objection that she bought the car in 1985, that the car is in reasonably good condition, and that the value of the car is what she paid for it, $3,600. Appellant offered no evidence to discredit Newsome’s value testimony, but this court on appeal gives that testimony no mention. To reverse this case in light of Newsome’s testimony, the majority would have to conclude that testimony to be worthless. Clearly, that was within the province of the jury, not this court. It need only be pointed our that the testimony of the victim as to his or her opinion of the value of the property taken, without objection, is admissible and constitutes substantial evidence of the value of the property. Ply v. State, 270 Ark. 554, 606 S.W.2d 556 (1980); Watson v. State, 271 Ark. 661, 609 S.W.2d 673 (Ark. App. 1980). I would affirm on all points.