Gooch v. State
2015 Ark. 227
| Ark. | 2015Background
- Gooch pled no contest to Class A misdemeanor possession of a firearm by a certain person under a conditional plea.
- He challenged the trial court’s denial of his motion to dismiss, arguing he had not been adjudicated mentally ill or involuntarily committed under § 5-73-103(a)(2)-(3).
- The circuit court denied Gooch’s motion to dismiss, finding an involuntary commitment order valid and that the statute aims to keep firearms from individuals adjudicated dangerous.
- Gooch testified at trial that his involuntary commitment in 2012 was for evaluation, not treatment, and he received no formal mental-health testing.
- On appeal, the court dismissed Gooch’s first point (lack of adjudication/commitment) as not cognizable from a conditional plea, and affirmed on other points without reaching the constitutional merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Gooch’s claim proper on appeal? | Gooch asserts lack of adjudication/commitment under § 5-73-103(a)(2)-(3). | State argues issue is non-cognizable on a conditional guilty plea and was not properly preserved. | Dismissed on procedural grounds; not cognizable from a conditional plea. |
| Does § 5-73-103(a)(3) violate due process or bear vagueness? | Statute unconstitutional as vague and depriving liberty without due process. | Statute valid and aimed at restricting firearms for mentally ill or dangerous individuals. | Affirmed without addressing merits; issue not properly raised below. |
| Does § 5-73-103(a)(3) violate the Second Amendment or Arkansas Constitution? | Statute deprives Second Amendment and Article 2, §5 rights when not adjudicated mentally ill. | Statute serves to keep firearms from adjudicated dangerous individuals. | Affirmed without addressing merits; issue not properly raised below. |
Key Cases Cited
- Reynolds v. State, 18 Ark. App. 193 (1986) (purpose of the statute to keep firearms from dangerous individuals)
- Standridge v. State, 357 Ark. 105 (2006) (must obtain a ruling to preserve argument)
- Seibs v. State, 357 Ark. 331 (2004) (exceptions to guilty plea appeal rules)
- Smith v. State, 354 Ark. 226 (2003) (preservation of issues in criminal appeals)
- Frette v. City of Springdale, 331 Ark. 103 (1998) (dismissing points not cognizable on conditional plea)
- Wagner v. State, 2010 Ark. 389 (2010) (conditional plea limitations on appeal)