Supreme Court of Arkansas

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

October 9, 20142014 Ark. LEXIS 528

Summary

The court held that the failure-to-appear statute permits a Class C felony only when the required appearance concerns a felony charge that has been formally filed but not adjudicated. Because Thompson failed to appear before the theft charge was formally filed, the evidence was insufficient to support his conviction, requiring reversal and dismissal. Justice 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.