Witcher v. State

ELANA CUNNINGHAM WILLS, Justice.

liAppellant Daericko Witcher was charged by felony information with rape on September 5, 2007. Following a bench trial in Columbia County Circuit Court on June 15, 2009, Witcher was convicted of rape and sentenced to life imprisonment. His sole point on appeal is a challenge to the sufficiency of the evidence.

A motion to dismiss in a bench trial is identical to a motion for a directed verdict in a jury trial in that it is a challenge to the sufficiency of the evidence. Law v. State, 375 Ark. 505, 292 S.W.3d 277 (2009). In reviewing a challenge to the…