Automated Summary
Key Facts
Christopher Carter was convicted of two counts of rape by a Pulaski County jury. The first count covered conduct from August 20, 2011, through August 19, 2017, and the second count from August 26, 2017, through December 31, 2020. The State alleged that Carter committed the rape in the presence of a child during the babysitting of his two young daughters (ages 1-3 years old at the time). Carter was sentenced to 30 years for count one with a consecutive 5-year enhancement for the presence of a child, and 35 years for count two to be served consecutively. The enhancement was deemed illegal because the Arkansas statute authorizing rape sentence enhancements for offenses committed in the presence of a child was amended in 2019, and the first count's conduct occurred in 2013-2014. The court affirmed both rape convictions but remanded to strike the illegal enhancement.
Issues
- Whether the jury was improperly instructed on Ark. Code Ann. § 5-14-103(a)(3) for count one (rape of a minor under 14) despite the State's last amended information charging under § 5-14-103(a)(4)(A)(ii) (rape of a minor by an uncle), resulting in an illegal sentence.
- Whether the trial court had authority to apply a five-year sentence enhancement for rape committed in the presence of a child under Ark. Code Ann. § 5-4-702(a)(6), given the statute was amended in 2019 to include rape as an eligible offense and the relevant offense occurred in 2013-2014.
- Whether applying the 2019 amendment to the enhancement statute to Carter's 2013-2014 rape offenses constituted an ex post facto application, rendering the sentence illegal.
Holdings
- The court affirmed the rape convictions of Christopher Carter as the evidence was not challenged, but remanded the case to strike the five-year sentence enhancement because it was illegal. The enhancement was based on a 2019 statutory amendment that did not apply to the 2013–2014 offense.
- The court held that the trial court lacked authority to apply the enhancement to Carter’s 2013–2014 rape offense, as the statute enabling such an enhancement for rape was not amended until 2019. The enhancement was therefore stricken as an illegal sentence.
Remedies
- The case was remanded for the trial court to strike the five-year sentence enhancement as it was determined to be illegal.
- The court affirmed both rape convictions.
Legal Principles
The court held that a trial court lacks authority to apply a sentencing enhancement if the statute authorizing the enhancement was not in effect at the time the crime was committed. Specifically, the enhancement for committing rape in the presence of a child under Ark. Code Ann. § 5-4-702(a)(6) was not applicable to crimes occurring before 2019, when the statute was amended to include rape as an eligible offense. Applying the enhancement retroactively would violate the principle that sentencing must conform to the law in effect at the time of the offense.
Precedent Name
- Chandler v. State
- Artero v. State
- Burnett v. State
- Wicks v. State
Cited Statute
Arkansas Code Annotated
Judge Name
- Bart F. Virden
- Karen D. Whatley
Passage Text
- The State concedes error, citing Artero v. State, 2025 Ark. App. 290 (remanding because enhancement portion of sentence was illegal in that second-degree sexual assault of which Artero was convicted had been committed in 2017, but enhancement statute was not amended to include second-degree sexual assault until 2019).
- Because we hold that the trial court lacked authority to impose the five-year enhancement, we do not reach Carter's alternative arguments, i.e., the ex post facto claim and his challenge to the sufficiency of the evidence supporting the enhancement.
- Carter argues that the trial court had no authority to sentence him in connection with an enhancement because the crime charged as count one was committed before 2019, which is the year that the statute was amended to include rape as an offense that could be enhanced.