Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

K.B. v. State

Court of Appeals of Arkansas, Division IV

September 27, 2017

K.B. APPELLANT
v.
STATE OF ARKANSAS APPELLEE

         APPEAL FROM THE GARLAND COUNTY CIRCUIT COURT [NO. 26JV-16-119] HONORABLE TED C. CAPEHEART, JUDGE

          John W. Walker, P.A., by: Lawrence Anthony Walker and Amelia Theresa LaFont, for appellant.

          Leslie Rutledge, Att'y Gen., by: Kent G. Holt, Ass't Att'y Gen., for appellee.

          RAYMOND R. ABRAMSON, JUDGE.

         K.B. appeals the Garland County Circuit Court's June 20, 2016 adjudication order finding him guilty of rape pursuant to Arkansas Code Annotated section 5-14-103 (Repl. 2013). K.B. and his codefendant, C.J.M., were tried together in a joint delinquency proceeding. We affirmed the circuit court's decision in CJ.M. v. State, 2017 Ark.App. 477, handed down this same date, and we affirm the instant case as well.

         On appeal, K.B. argues that (1) the circuit court erred by denying his motion to dismiss because the State presented insufficient evidence to meet its burden of forcible compulsion; (2) the circuit court should have granted his motion for new trial because material evidence[1] was destroyed and suppressed; (3) the circuit court erred in denying the motion to suppress K.B.'s statement in violation of Arkansas Code Annotated section 9-27-321 (Repl. 2015), and Miranda v. Arizona, 384 U.S. 436 (1986); and (4) the circuit court abused its discretion in denying his motion for a new trial based on newly discovered evidence.

         K.B. first argues that the State did not present sufficient evidence to meet its burden of forcible compulsion under Arkansas Code Annotated section 5-14-103. The statute provides that a person commits rape if he or she engages in sexual intercourse or deviate sexual activity with another person by forcible compulsion. See Ark. Code Ann. § 5-14-103(a)(1). Although a delinquency adjudication is not a criminal conviction, the standard of review is the same as it would be in a criminal case. E.g., A.D. v. State, 2015 Ark.App. 35, at 4, 453 S.W.3d 696, 698 (citing E.S. v. State, 2013 Ark.App. 378). A motion to dismiss made during an adjudication proceeding is a challenge to the sufficiency of the State's evidence. E.g., Stewart v. State, 362 Ark. 400, 403, 208 S.W.3d 768, 770 (2005) (citing Ark. R. Crim. P. 33.1).

         When a defendant challenges an adjudication based on the sufficiency of the evidence presented at the hearing, the evidence is reviewed in the light most favorable to the State. Id. (citing Gamble v. State, 351 Ark. 541, 95 S.W.3d 755 (2003)). Only evidence that supports the adjudication will be considered. Id. The test for determining the sufficiency of the evidence is whether the adjudication is supported by substantial evidence, direct or circumstantial. Id. Substantial evidence is evidence forceful enough to compel the fact-finder to make a conclusion without resorting to speculation or conjecture. Id.

         In rape cases, the requirement of substantial evidence is satisfied by the rape victim's testimony. See, e.g., Allen v. State, 2016 Ark.App. 537, at 3, 506 S.W.3d 278, 281 (citing Bishop v. State, 310 Ark. 479, 484, 839 S.W.2d 6, 9 (1992)). Our appellate courts have repeatedly held that the uncorroborated testimony of a rape victim that shows penetration is sufficient evidence for a conviction. Lamb v. State, 372 Ark. 277, 282, 275 S.W.3d 144, 148 (2008). Additionally, there is no requirement that there be scientific evidence of rape. See, e.g., Sandrelli v. State, 2015 Ark.App. 127, at 3.

         Here, the victim testified in detail about the events that took place on February 24, 2016, and how both K.B. and C.J.M. had forced her into the fieldhouse and how C.J.M. had "touched her on the inside" with his finger, while K.B. restrained her by the waist and grabbed her hands.

         As noted above, a person commits the offense of rape if he or she engages in sexual intercourse or deviate sexual activity with another person by forcible compulsion. Ark. Code Ann. § 5-14-103(a)(1). "Deviate sexual activity" is defined as any act of sexual gratification involving (A) the penetration, however slight, of the anus or mouth of a person by the penis of another person; or (B) the penetration, however slight, of the labia majora or anus of a person by any body member or foreign instrument manipulated by another person. Ark. Code Ann. § 5-14-101(1).

         "Forcible compulsion" is "physical force or a threat, express or implied, of death or physical injury to or kidnapping of any person." Ark. Code Ann. § 5-14-101(2). "Physical force" is "any bodily impact, restraint or confinement, or the threat thereof." Freeman v. State, 331 Ark. 130, 132, 959 S.W.2d 400, 401 (1998). Force is present if "the act is against the will of the party upon whom the act was committed." Williams v. State, 2011 Ark.App. 675, at 6, 386 S.W.3d 609, 613.

         The elements of accomplice liability are defined by Arkansas Code Annotated section 5-2-403 which, in pertinent part, provides:

(a) A person is an accomplice of another person in the commission of an offense if, with the purpose of promoting or facilitating the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.