Arnett v. State

122 S.W.3d 484, 353 Ark. 165, 2003 Ark. LEXIS 257
CourtSupreme Court of Arkansas
DecidedMay 15, 2003
DocketCR 02-767
StatusPublished
Cited by26 cases

This text of 122 S.W.3d 484 (Arnett v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arnett v. State, 122 S.W.3d 484, 353 Ark. 165, 2003 Ark. LEXIS 257 (Ark. 2003).

Opinion

WH. “Dub” Arnold, Chief Justice.

Appellant, William Andrew Arnett, was convicted in the Benton County Circuit Court of the offense of incest, a Class A felony, in that the victim was appellant’s stepdaughter, and she was under the age of sixteen at the time the events occurred. Following a jury trial, appellant was sentenced to thirty years’ imprisonment in the Arkansas Department of Correction and fined $7,500.00. We affirm his conviction and sentence.

Appellant was initially arrested on January 31, 2001, and charged with first-degree sexual abuse, after his stepdaughter, C.Y., had reported to the Benton County Sheriffs Office on January 10, 2001, that she had been sexually assaulted by appellant over a number of years and after the sheriff s office had been called to a disturbance at appellant’s home on January 16, 2001. When the sheriffs deputy, Lee Christman, who is now an investigator with the sheriffs office, arrived at appellant’s home on January 16th, he temporarily placed appellant in handcuffs as a safety precaution for both himself and appellant and then asked appellant what was up. Appellant gave a statement suggesting a confession, and then, after being read his rights, gave another statement that was different from the previous one. He was later arrested on January 31, 2001.

Several months later, in August of 2001, the criminal information charging appellant was amended to reflect the charge of incest, rather than sexual abuse in the first degree. In November of 2001, a suppression hearing was held regarding the admissibility of the statements appellant made to Investigator Christman on January 16, 2001, when he had been called to the scene of appellant’s home. The trial court denied appellant’s motion to suppress those statements.

The case then went to trial, during which appellant moved to be permitted to procure testimony from the victim regarding allegations that she had purportedly made against her natural father. Following a brief hearing, the appellant’s motion was denied. Appellant was convicted and, as previously stated, was sentenced to thirty years’ imprisonment and was fined $7,500.00. Appellant now appeals his conviction, asserting three arguments:

1) The evidence was insufficient to sustain a conviction;
2) The trial court erred in denying appellant’s motion to suppress; and
3) The trial court erred in denying appellant’s motion to allow appellant to question the alleged victim regarding statements made concerning sexual abuse allegations against another person (i.e., her natural father).

I. Sufficiency of Evidence

Appellant first asserts that the evidence presented at trial was insufficient to sustain a conviction. Appellant properly moved for a directed verdict at all necessary points during the trial. We have held that a motion for a directed verdict is a challenge to the sufficiency of the evidence. Miles v. State, 350 Ark. 243, 85 S.W.3d 907 (2002); Britt v. State, 344 Ark. 13, 38 S.W.3d 363 (2001). The test for such motions is whether the verdict is supported by substantial evidence, direct or circumstantial. Miles, supra. Substantial evidence is evidence of sufficient certainty and precision to compel a conclusion one way or another and pass beyond mere suspicion or conjecture. Id. On appeal, we review the evidence in the light most favorable to the appellee and consider only the evidence that supports the verdict. Id.

Appellant asserts that the evidence was insufficient because the State’s entire case rested upon the victim’s testimony and the testimony of the sheriff s deputy regarding the statements made to him on January 16, 2001, at appellant’s home, which appellant considers to be equivocal, and that no physical evidence was presented. This is true; however, appellant acknowledges that we have held a victim’s uncorroborated testimony to be sufficient to support a conviction if the statutory elements of the offense are satisfied. Laughlin v. State, 316 Ark. 489, 872 S.W.2d 848 (1994). Appellant simply asserts that, although it is the law that a victim’s testimony alone is sufficient to support a conviction, there are simply too many inconsistencies in this trial record. We disagree.

Arkansas Code Annotated § 5-26-202(a)(2) (Repl. 1997) states that a person commits incest if, being sixteen years of age or older, he or she purports to marry, has sexual intercourse with, or engages in deviate sexual activity with a person he knows to be a stepchild. Incest is a Class A felony if the victim is under sixteen, and the perpetrator is over twenty-one, at the time of the offense. Ark. Code Ann. § 5-26-202(c). In this case, the victim is the stepdaughter of appellant. She testified that appellant began forcing her to have sexual intercourse with him, sometimes up to five times per day, when she was thirteen or fourteen years old. She testified that she was scared and did not know what to do and that he had threatened to punish her severely, to kill himself, or to retaliate against her. She eventually told her boyfriend about the alleged abuse, and he told his parents. They contacted authorities.

When Benton County Sheriffs Office Investigator Lee Christman responded to a disturbance call at appellant’s home on January 16, 2001, he (then-Deputy Christman) did not know anything about a possible incest investigation involving appellant. Appellant’s wife informed Investigator Christman that appellant may have a weapon and that she feared he might harm himself. As Investigator Christman neared appellant’s home, appellant came out of the woods with his hands up. Christman testified that he then temporarily placed the appellant in handcuffs for both of their safety and asked appellant, “What’s up?” Christman testified that appellant responded, “I have sexually abused my daughter. I need help.” After appellant was given his Miranda rights, appellant claims that he stated that he had been accused of sexually abusing his daughter and that this is what he meant when he made his first, initial statement to Investigator Christman. Appellant did tell Investigator Christman that he had gone into the woods to kill himself. A shotgun was, in fact, recovered from the woods.

Appellant points out that the victim’s mother, as well as her brothers, each testified that they never saw or had any indication of any sexual abuse between appellant and the victim. This fact, however, is unconvincing, as it is the jury’s place to judge the credibility of the witnesses, Sanford v. State, 331 Ark. 334, 962 S.W.2d 335 (1998), and the victim’s testimony that appellant repeatedly engaged in sexual intercourse over a long period of time is, in and of itself, substantial evidence to support the conviction. In addition, the jury could have viewed appellant’s initial statement to Investigator Christman as an admission of guilt.

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Cite This Page — Counsel Stack

Bluebook (online)
122 S.W.3d 484, 353 Ark. 165, 2003 Ark. LEXIS 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arnett-v-state-ark-2003.