Leeka v. State

Summary

The Supreme Court of Arkansas held that the Arkansas DWI statute requires proof of a culpable mental state under the Arkansas Criminal Code's general mens rea provisions. The court rejected the State's argument that the DWI offense was a strict-liability crime, reversed Leeka's conviction, and remanded the case.

Holdings

1. A motion to dismiss under Arkansas Rule of Criminal Procedure 33.1 is required to preserve a sufficiency-of-the-evidence challenge, but is not required when the defendant raises and obtains a ruling on an issue of law or statutory interpretation.
2. The State must prove a culpable mental state for a DWI offense under section 5-65-103 because Arkansas Code Annotated section 5-2-203 imputes a culpable mental state when the statute defining an offense does not prescribe one, and the exception in section 5-2-204(c)(2) does not apply to an offense contained in the Arkansas Criminal Code.

Questions Presented

1. Whether Leeka preserved for appeal his challenge to the requirement of a culpable mental state under the DWI statute without filing a motion to dismiss under Arkansas Rule of Criminal Procedure 33.1.
2. Whether Arkansas Code Annotated section 5-2-203 requires the State to prove a culpable mental state for a DWI offense under Arkansas Code Annotated section 5-65-103.

Disposition

reversed_and_remanded