Veneros-Figueroa v. State, 2017 Ark. App. 94

Appellant Lazaro Veneros-Figueroa was tried and convicted by a Sevier County jury of one count of rape and sentenced to 360 months in prison.
The victim, L.S., testified she was 14 at trial and described repeated sexual abuse by appellant beginning when she was about eight, escalating to anal intercourse; physical exam showed scarring consistent with her account.
Investigating deputy and a Children’s Advocacy Center nurse corroborated the timeline and physical findings from their interviews/exam of L.S.
L.S. acknowledged on cross-examination that she had nightmares (including one featuring defense counsel) and had reported prior unusual experiences (a “spirit”); her mother testified that L.S. had previously related other unusual claims but believed L.S.’s disclosure about appellant.
Appellant testified and denied the allegations, moved for directed verdicts arguing credibility issues; motions were denied and the jury convicted.
On appeal, appellant challenged the trial court’s allowance of L.S.’s testimony as a witness he contends was not competent, arguing she could not "exist in reality" because of her reported visions/nightmares; he did not raise an explicit competency objection at trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether L.S. was a competent witness and the court erred by allowing her testimony	State: L.S. was competent; she understood the obligation to tell the truth and described events coherently	Veneros-Figueroa: L.S. was incompetent due to inability to distinguish reality (nightmares, belief in a “spirit”)	Court refused to consider competency claim on appeal because appellant failed to raise that specific challenge at trial; affirmed conviction

Johnson v. State, 71 Ark. App. 58, 25 S.W.3d 445 (Ark. Ct. App.) (appellant is bound by the nature and scope of issues raised at trial; appellate review limited to preserved arguments)