The opinion
Cite as 2015 Ark. App. 641
ARKANSAS COURT OF APPEALS
DIVISIONS I & IV
No. CR-15-72
J.F. Opinion Delivered November 12, 2015
APPELLANT
APPEAL FROM THE CRAIGHEAD
V. COUNTY CIRCUIT COURT,
WESTERN DISTRICT
[NO. JV-2009-114]
STATE OF ARKANSAS
APPELLEE HONORABLE LEE FERGUS, JUDGE
REVERSED
BART F. VIRDEN, Judge
This appeal is one of four cases to come before this court involving four juveniles who
were tried together as codefendants on charges of theft by receiving, a Class C felony, and
minor in possession.1 Appellant’s sole point on appeal is that the circuit court erred by failing
to grant his motion to dismiss2 because the only evidence of his guilt came from the testimony
of a codefendant.
We reverse appellant’s adjudication based on the analysis in a companion opinion
decided October 28, 2015, D.F. v. State, 2015 Ark. App. ___.; therefore, we adopt and
incorporate herein by reference the reasoning set forth in the companion case.
Reversed.
1
I.G. v. State, CR-15-74, D.F. v. State, CR-15-78 and A.I.M. v. State, CR-15-79.
2
Although appellant made a motion for a directed verdict during the adjudication
and argues on appeal error in denial of the motion for a directed verdict, a motion for
dismissal is generally made during a nonjury trial. Ark. R. Crim. P. 33.1 (2014).
Cite as 2015 Ark. App. 641
HARRISON, KINARD, GLOVER, AND BROWN, JJ., agree.
GLADWIN, C.J., dissents.
ROBERT J. GLADWIN, Chief Judge, dissenting. I dissent based on the same
rationale expressed in D.F. v. State, 2015 Ark. App. ____.
Terry Goodwin Jones, for appellant.
Leslie Rutledge, Att’y Gen., by: Kristen C. Green, Ass’t Att’y Gen., for appellee.
2