Davidson v. State

I concur in the decision to affirm the circuit court, but I write separately because I base my conclusion on a different analysis. Davidson asserts that the circuit court erred in admitting court documents showing that he entered a deferred plea of no contest1 under Act 346 of 1975 to sexual abuse of C.D. in 1994. More specifically, Davidson argues that the admission of an expunged deferred plea of guilty under Act 346 of 1975 is not admissible under Ark. R. Evid. 404(b) as evidence of other crimes, wrongs or acts.

I note first that the majority is in error in its analysis of evidence of the…