Lewis v. State
2016 Ark. App. 257
| Ark. Ct. App. | 2016Background
- Franklin Edward Lewis was charged with multiple counts of rape of his minor daughter; trial proceeded on one rape count (others nolle-prossed).
- Victim and her brother testified the assaults occurred in the back bedroom of the trailer where they lived with Lewis. Photographs of the trailer and bedroom were identified at trial.
- Grandmother testified Lewis (her son) lived in a trailer park toward Bauxite, Arkansas; she brought the children to the Benton Police Department the morning after the disclosure.
- Law enforcement obtained search and seizure and photographed the trailer and bedroom after interviews at a child-advocacy center in Hot Springs; the children were interviewed there.
- Lewis moved for a directed verdict arguing lack of jurisdiction/venue and lack of identification; motions denied, defense rested, and jury convicted Lewis of second-degree sexual assault (lesser included), sentencing him to 240 months.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Lewis) | Held |
|---|---|---|---|
| Jurisdiction/venue | Presumption that venue is proper where charges filed; no positive evidence showing offense occurred elsewhere | No proof the trailer was in Saline County; State must prove jurisdiction especially if defendant remains silent | Court affirmed: no positive evidence the acts occurred outside Saline County; statutory presumption of jurisdiction applied, so venue was proper |
| Identification of perpetrator | Identification may be inferred from facts/circumstances; victims and other witnesses tied acts to "dad/Frank" and to Lewis | No witness expressly pointed to the defendant in court as the perpetrator; insufficient identification | Court affirmed: substantial evidence supported identification (children named father as Frank/Franklin Lewis; no one suggested wrong man was on trial) |
| Right to remain silent / burden of proof | State not required to prove jurisdiction absent evidence showing lack of jurisdiction | Argued the State must provide jurisdictional proof when defendant remains silent; that issue should entitle reversal | Court declined to address because Lewis failed to raise/preserve this specific constitutional argument at trial |
Key Cases Cited
- Cates v. State, 329 Ark. 585, 952 S.W.2d 135 (presumption favoring jurisdiction where charge filed)
- Higgins v. State, 317 Ark. 555, 879 S.W.2d 424 (venue properly laid where evidence placed offense in county)
- Gardner v. State, 263 Ark. 739, 569 S.W.2d 74 (venue supported by testimony locating offense in Arkansas)
- Dix v. State, 290 Ark. 28, 715 S.W.2d 879 (positive evidence required to show offense occurred outside charging jurisdiction)
- Witcher v. State, 362 S.W.3d 321 (sufficiency/identification standards; evaluate evidence in light most favorable to verdict)
- Holloway v. State, 312 Ark. 306, 849 S.W.2d 473 (identity may be inferred from facts and circumstances)