STATE OF ARKANSAS APPELLEE
FROM THE GARLAND COUNTY CIRCUIT COURT [NO. 26JV-16-119]
HONORABLE TED C. CAPEHEART, JUDGE
W. Walker, P.A., by: Lawrence Anthony Walker and Amelia
Theresa LaFont, for appellant.
Rutledge, Att'y Gen., by: Kent G. Holt, Ass't
Att'y Gen., for appellee.
RAYMOND R. ABRAMSON, JUDGE.
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
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 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.
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).
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.
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.
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.
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).
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.
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 ...