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McCann-Arms v. State

Court of Appeals of Arkansas, Division II

January 28, 2015

MELISSA McCANN-ARMS, APPELLANT
v.
STATE OF ARKANSAS, APPELLEE

APPEAL FROM THE POLK COUNTY CIRCUIT COURT. NO. CR-2013-104. HONORABLE J.W. LOONEY, JUDGE.

AFFIRMED.

Randy Rainwater, for appellant.

Dustin McDaniel, Att'y Gen., by: Ashley Argo Priest, Ass't Att'y Gen., for appellee.

ROBERT J. GLADWIN, Chief Judge. HIXSON, J., agrees. WHITEAKER, J., concurs.

OPINION

Page 710

ROBERT J. GLADWIN, Chief Judge

Appellant Melissa McCann-Arms appeals her conviction by a Polk County jury on one count of introduction of a controlled substance into the body of another person, pursuant to Arkansas Code Annotated section 5-13-210(b) (Repl. 2013), for which she was sentenced to twenty years' imprisonment in the Arkansas Department of Correction (ADC). Appellant (1) challenges the sufficiency of the evidence to support her conviction; (2) argues that the circuit court erred by denying her motion to dismiss for lack of jurisdiction; and (3) argues that the circuit court erred by denying her motion to dismiss because the controlled substance was injected into appellant and not her child. We affirm.[1]

Facts

Appellant was arrested on August 26, 2013, and charged with two counts of introduction of a controlled substance into the body of another person.[2] Appellant was arraigned on August 28, 2013, and her jury trial was held on January 13, 2014. Appellant was convicted and sentenced to a term of twenty years in the ADC pursuant to a sentencing order entered on January 14, 2014. She filed a timely notice of appeal on February 3, 2014, and this appeal followed.

I. Sufficiency of the Evidence

In reviewing a challenge to the sufficiency of the evidence, an appellate court will determine whether the verdict is supported by substantial evidence. Williams v. State, 2011 Ark.App. 675, 386

Page 711

S.W.3d 609. Substantial evidence can be either direct or circumstantial and is defined as evidence forceful enough to compel a conclusion beyond suspicion or conjecture. Id. On appeal, only evidence supporting the verdict will be considered and will be viewed in the light most favorable to the verdict. Id. Witness credibility is left to the trier of fact, who resolves questions of conflicting testimony and inconsistent evidence. Id. Finally, the jury is free to disregard the defendant's self-serving version of events. Strong v. State, 372 Ark. 404, 277 S.W.3d 159 (2008).

Arkansas Code Annotated section 5-13-210(b) provides that a person commits the offense of introduction of a controlled substance into the body of another person when he or she causes a controlled substance to be ingested, inhaled, or otherwise introduced into the body of another person. The statute, as currently written, neither contains a ...


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