D.S. v. State
2013 Ark. App. 528
Ark. Ct. App.2013Background
- Appellant (a minor) was adjudicated delinquent for rape, disorderly conduct, and failure to appear.
- Benton County Circuit Court placed him on probation and committed him to the Division of Youth Services (DYS).
- Counsel moved to withdraw under Anders v. California and Ark. Sup. Ct. & Ct. App. Rule 4-3(k), arguing the appeal is wholly without merit and submitted an abstract and brief identifying potential issues and why they fail.
- Appellant filed pro se points for reversal; the State responded that these points are barred or meritless.
- The Court reviewed the record, found the trial court’s credibility and competency determinations within its discretion, and that the victim’s testimony alone could support adjudication.
- The Court affirmed the adjudication and disposition and granted counsel’s motion to withdraw.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellant’s disposition was improper compared to codefendants | Appellant argued disparate disposition (different sentence) | State: appellant did not object below and his disposition addressed additional offenses; no preserved error | Court: Not preserved; disposition justified by additional offenses and lack of objection |
| Competency of witnesses | Appellant contended witnesses were incompetent | State: competency is within trial court discretion and was properly resolved | Court: No abuse of discretion; competency decisions upheld |
| Witness credibility (child victim) | Appellant challenged credibility of child witness | State: credibility is for factfinder; child’s testimony may support adjudication | Court: Credibility for finder of fact; victim credible; conviction may rest solely on her testimony |
| Procedural sufficiency of appeal under Anders/Rule 4-3(k) | Appellant sought reversal via pro se points | State: issues are barred or without merit; counsel complied with Anders/Rule 4-3(k) | Court: Counsel complied; appeal wholly without merit; motion to withdraw granted |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (requires counsel to file a brief identifying arguable issues when seeking to withdraw on grounds that appeal is frivolous)
- King v. State, 317 Ark. 293 (1994) (competency of witnesses lies within trial court discretion and will not be reversed absent clear abuse)