White v. State, 2012 Ark. 221

Appellant was convicted of rape and second-degree battery for abusing a 2-year-old boy while babysitting.
Jury recommended life imprisonment for rape and 12 years for second-degree battery; sentences were concurrent.
Circuit court ordered appellant to complete a sex-offender treatment program during incarceration, which is challenged on appeal as illegal.
At sentencing, the State introduced 404(b)-style evidence about a 2008 allegation involving a nine-year-old, which appellant objected to pretrial but was ultimately admitted for sentencing.
Appellant argues the Confrontation Clause and evidentiary rules were violated by the sentencing-phase testimony about the prior conduct.
The court remanded the case to strike the unlawful treatment-condition but affirmed on the sentencing-evidence issue, with extensive discussion of preservation and Wicks exceptions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether ordering sex-offender treatment during incarceration was authorized	Richie supports lack of authority to impose treatment.	White contends the condition is illegal under §5-4-104; no statutory authorization.	Remanded to strike unlawful condition; legality not upheld.
Whether sentencing-phase 404(b) evidence and Confrontation Clause issues were properly admitted	State contends evidence admissible at sentencing under §16-97-103 and Confrontation Clause applies.	Appellant argues Confrontation Clause violation and improper admission despite no objection at sentencing; preservation issues apply.	Affirmed in part; reversed for remand on first issue; Confrontation/4 Wicks issues not overturned due to preservation and harmless-error analysis guidance.

Richie v. State, 2009 Ark. 602 (Ark. Sup. Ct. 2009) (limits on incarceration-condition authority; void sentence if unauthorized)
Vankirk v. State, 2011 Ark. 428 (Ark. Sup. Ct. 2011) (Confrontation Clause applies to sentencing phase )
Crawford v. Washington, 541 U.S. 36 (U.S. Supreme Court 2004) (testimonial statements require confrontation unless nontestimonial)
Delaware v. Van Arsdall, 475 U.S. 673 (U.S. Supreme Court 1986) (harmless-error factors for Confrontation Clause)
Shepard v. United States, 544 U.S. 18 (U.S. Supreme Court 2005) (prior-conviction evaluation limits under Sixth Amendment)
Harris v. State, 363 Ark. 502 (Ark. Sup. Ct. 2005) (Wicks exceptions not expanded for sentencing)
Wicks v. State, 270 Ark. 781 (Ark. Sup. Ct. 1980) (establishes plain-error exceptions to preservation rule)
Anderson v. State, 353 Ark. 384 (Ark. Sup. Ct. 2003) (narrow scope of Wicks exceptions; fundamental-trial-errors)
Buckley v. State, 349 Ark. 53 (Ark. Sup. Ct. 2002) (evidentiary rulings must be raised below; limits on fourth Wicks exception)
Brown v. State, 2010 Ark. 420 (Ark. Sup. Ct. 2010) (sentencing evidence admissibility under §16-97-103)
MacKool v. State, 365 Ark. 416 (Ark. Sup. Ct. 2006) (abuse-of-discretion review for sentencing evidence)