State v. Coble

Summary

The Arkansas Supreme Court affirmed the circuit court’s directed verdict in favor of Billy Gene Coble on a charge of sexual indecency with a child. The court held that, under Arkansas Code Annotated section 5-14-110(a)(4)(C), the phrase “another person” requires the minor’s exposure to someone other than the defendant, who was the minor’s guardian. The court concluded that the State’s appeal presented a proper narrow question of statutory interpretation.

Holdings

1. The State's appeal was proper because it presented a narrow issue of statutory interpretation, did not turn on particular facts, had widespread application, and implicated the correct and uniform administration of the criminal law.
2. Under section 5-14-110(a)(4)(C), the phrase "another person" means a person other than the defendant-actor and the minor victim; therefore, the exposure must be made to someone other than the guardian who caused or coerced it.

Questions Presented

1. Whether the State's appeal was authorized under Arkansas Rule of Appellate Procedure–Criminal 3 because it presented a narrow legal issue of statutory interpretation with widespread ramifications.
2. Whether the phrase "another person" in Arkansas Code Annotated section 5-14-110(a)(4)(C) excludes the defendant-guardian or requires exposure to a person other than the actor and the minor victim.

Disposition

affirmed