STATE OF ARKANSAS APPELLEE
FROM THE CRAWFORD COUNTY CIRCUIT COURT [NO. 17JV-15-295]
HONORABLE MICHAEL MEDLOCK, JUDGE
Lisa-Marie Norris, for appellant.
Rutledge, Att'y Gen., by: Amanda Jegley, Ass't
Att'y Gen., for appellee.
PHILLIP T. WHITEAKER, Judge
Crawford County Circuit Court adjudicated appellant N.L.
delinquent and committed him to the Department of Youth
Services for an indeterminate period of time. N.L. filed a
timely notice of appeal and now challenges the sufficiency of
the evidence supporting his delinquency adjudication. We
State filed a delinquency petition alleging that N.L.
committed the offenses of aggravated assault on a family or
household member and second-degree domestic
battery.These two charges stemmed from allegations
that N.L. and his stepfather, Harrell Kimes, had been
involved in an altercation. During that altercation, N.L.,
who was armed with a knife, hit Kimes so hard that Kimes
required reconstructive surgery to repair his eye socket. At
trial, the State presented evidence and testimony from Kimes
and N.L.'s mother, Christine Kimes, describing the facts
surrounding the fight.
At the conclusion of the State's case, N.L. moved for
Your Honor, at this time we move to dismiss on the grounds
that the State has not shown each and every element of the
charges beyond a reasonable doubt, and we'd renew all
objections at this time.
proceeded with his case-in-chief. After the last defense
witness had testified, the court asked if there were any
further witnesses, and counsel replied that he would
"just ask for an opportunity to be heard in
closing." Counsel went on to argue that the case was
kind of [a] heat of passion situation. [N.L.] was justified
in pulling the knife out. . . . Harrell was the first
aggressor as far as throwing a punch. He didn't grab the
knife when Harrell was coming at him; he used his fists like
Harrell was using. I would argue that he's justified in
State then presented its closing arguments; the court asked
for any response; and defense counsel replied, "Your
Honor, we'd just renew all objections."
appeal, N.L.'s sole argument is a challenge to the
sufficiency of the evidence on the offenses of aggravated
assault on a family or household member and second-degree
domestic battery. A person commits the offense of aggravated
assault on a family member if, under circumstances
manifesting extreme indifference to the value of human life,
the person purposely engages in conduct that creates a
substantial danger of death or serious physical injury to a
family or household member. Ark. Code Ann. §
5-26-306(a)(1) (Repl. 2013). A person commits second-degree
domestic battery if, with the purpose of causing physical
injury to a family or household member, the person causes
serious physical injury to a family or household member. Ark.
Code Ann. § 5-26-304(a)(1).
the Juvenile Code, the Arkansas Rules of Criminal Procedure
apply to delinquency proceedings. Ark. Code Ann. §
9-27-325(f) (Repl. 2015); see also T.C. v. State,
2010 Ark. 240, 364 S.W.3d 53. Rule 33.1 of the Arkansas Rules
of Criminal Procedure governs motions to dismiss in bench
trials and provides in relevant part as follows:
(b) In a nonjury trial, if a motion for dismissal is to be
made, it shall be made at the close of all of the evidence.
The motion for dismissal shall state the specific grounds
therefor. If the defendant moved for dismissal at the
conclusion of the prosecution's evidence, ...