Supreme Court of Arkansas

Jeremy Clay Thompson, Appellant v. State of Arkansas, Appellee

October 9, 20142014 Ark. LEXIS 528

Summary

The court held that a Class C felony failure-to-appear conviction requires proof that the required appearance concerned a charge already filed but not adjudicated. Because Thompson failed to appear before any formal charge had been filed, the evidence was insufficient, requiring reversal and dismissal of the conviction and sentence. Justice Courtney Hudson Goodson, concurring, agreed with the result but would treat the pending-charge requirement as a sentencing-classification factor rather than an element of the offense.