S.M.C. v. State (Majority)

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Cite as 2012 Ark. App. 521 ARKANSAS COURT OF APPEALS DIVISION I No. CA11-460 Opinion Delivered September 26, 2012 S.M.C. APPELLANT APPEAL FROM THE GRANT COUNTY CIRCUIT COURT [NO. JV-2010-23] V. HONORABLE CHRIS E WILLIAMS, JUDGE STATE OF ARKANSAS APPELLEE AFFIRMED JOHN MAUZY PITTMAN, Judge This is an appeal from an adjudication of juvenile delinquency resulting in one year of probation. The sole issue on appeal is the sufficiency of the evidence to support the finding that appellant committed rape. However, because this issue was not preserved for appeal, we affirm without addressing the merits of appellant s argument. The Arkansas Rules of Criminal Procedure are made applicable to delinquency proceedings by Ark. Code Ann. § 9-27-325(f) (Repl. 2009). This includes Rule 33.1, which provides, inter alia, that failure to challenge the sufficiency of the evidence in a bench trial by a motion to dismiss constitutes a waiver of any question pertaining to the sufficiency of the evidence on appeal. See, e.g., T.C. v. State, 2010 Ark. 240, 364 S.W.3d 53; D.B. v. State, 2010 Ark. App. 433. Here, as appellant concedes, no motion for dismissal was made at trial. Affirmed. GLADWIN and ROBBINS, JJ., agree. William M. Howard, Jr., for appellant. Dustin McDaniel, Att y Gen., by: LeaAnn J. Irvin, Ass t Att y Gen., for appellee.

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