FROM THE CRAIGHEAD COUNTY CIRCUIT COURT, WESTERN DISTRICT
[NO. 16JCR-15-901] HONORABLE TONYA M. ALEXANDER, JUDGE
Benjamin W. Bristow, for appellant.
Rutledge, Att'y Gen., by: David L. Eanes, Jr., Ass't
Att'y Gen., for appellee.
KENNETH S. HIXSON, JUDGE.
Duan Harris was convicted in a jury trial of rape, aggravated
assault, and interference with emergency communication. The
victim was Mia Colley. For these offenses, Mr. Harris was
sentenced to ten years in prison.
Harris now appeals, raising two arguments for reversal.
First, he argues that the trial court erred in allowing
Lakeisha Harris to testify about an alleged assault by him
against her. Mr. Harris contends that this evidence should
have been excluded pursuant to Arkansas Rules of Evidence 403
and 404(b). In addition, Mr. Harris challenges the
sufficiency of the evidence to support his aggravated-assault
conviction. We affirm.
to trial, the State filed a motion for the admission of
Lakeisha Harris's testimony. This testimony pertained to
an assault committed by appellant against Ms. Harris about
eleven months after he committed the charged offenses against
the victim herein, Mia Colley. In its motion, the State
asserted that the attacks against each victim were under
similar circumstances and that Ms. Harris's testimony was
admissible to show appellant's motive and intent with
respect to his assault of Ms. Colley. A pretrial hearing was
held on the State's motion, wherein Ms. Harris gave her
proposed testimony. Appellant objected to the introduction of
this testimony at trial, arguing that it was inadmissible
under Arkansas Rules of Evidence 403 and 404(b). The trial
court found that this testimony was relevant to show
appellant's intent and that the probative value was not
substantially outweighed by the danger of unfair prejudice.
Therefore, the trial court ruled that Ms. Harris's
testimony would be admissible at trial.
jury trial, Mia Colley testified about the assault and rape
committed by the appellant against her, which occurred on
August 14, 2015. Ms. Colley testified that she knew Mr.
Harris because they had gone to school together, and that he
had recently been over to her apartment a couple of times to
visit and eat pizza. On his third visit to her apartment, on
August 14, 2015, they had planned to go to a movie. According
to Ms. Colley, while he was there she was sitting on her
couch and received a text message from another man who asked
her to go to a movie. While she was responding to the text,
Mr. Harris hit her in the back of the head.
Colley testified that, after Mr. Harris struck her in the
back of the head, she jumped up off the couch and he came
around and hit her two or three more times. Mr. Harris
grabbed her by the neck, and he choked and punched her until
she was unconscious. Mr. Harris dragged her into her bedroom.
When Ms. Colley regained consciousness, she was naked and Mr.
Harris was having forcible intercourse with her. Ms. Colley
testified that Mr. Harris penetrated her vaginally and anally
and that he also forced her to give him oral sex. Mr. Harris
had blocked the front door of the apartment with a couch to
prevent Ms. Colley from leaving.
Colley stated that she was beaten badly, and that after Mr.
Harris was finished raping her she asked him if he would take
her to the hospital. Mr. Harris at first refused, but he
finally agreed to take her to the hospital when Ms. Colley
faked an asthma attack. Ms. Colley stated that Mr. Harris had
taken her phone from her because he did not want her to call
the police. On the way to the hospital, Mr. Harris told Ms.
Colley to make up a story about being attacked and raped by a
they arrived at the hospital, Ms. Colley told the nurse that
Mr. Harris had beaten and raped her. Mr. Harris left the
facility. The nurse observed hemorrhaging in Ms. Colley's
eyes, and a rape kit was ordered. Vaginal and anal swabs
tested positive for semen that matched Mr. Harris's DNA.
police were put on notice to be on the lookout for Mr.
Harris's car. Officer Anthony Petty observed Mr.
Harris's car traveling at over eighty miles per hour in a
nearby town. Officer Petty initiated his lights and sirens
and gave chase. According to Officer Petty, Mr. Harris drove
almost nine miles before he finally stopped and was taken
days after his arrest, Mr. Harris agreed to an interview with
the police. During the interview, Mr. Harris acknowledged
that, on the night of the alleged offenses, he got upset with
Ms. Colley after she received a text from another man. Mr.
Harris said that he cussed her out and grabbed her by the
hair, but he denied striking or choking her. Mr. Harris
stated that, after the argument ended, they had consensual
State called Lakeisha Harris to testify. Mr. Harris renewed
his objection to her testimony on the grounds that it should
be excluded pursuant to Arkansas Rules of Evidence 403 and