ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
JOHN B. ROBBINS, JUDGE
STATE OF ARKANSAS
APRIL 11, 2007
APPEAL FROM THE CARROLL
COUNTY CIRCUIT COURT,
HONORABLE ALAN DAVID EPLEY,
Appellant Corey Poe, who was twenty-one years old at the time of the alleged
offenses, was charged with the rape of two minor girls, D.T. and C.G., and a minor boy,
S.T. The offenses were alleged to have occurred in the home of D.T. and S.T., who are
siblings. Mr. Poe is D.T.’s and S.T.’s stepbrother and also lived in the home, and C.G. is
a cousin of the other children who occasionally spent the night there. After a jury trial,
Mr. Poe was acquitted of any offense against S.T., but was convicted of the lesser-included
offenses of second-degree sexual assault against D.T. and C.G. Mr. Poe was sentenced to
consecutive prison terms of 150 months, and now appeals.
Mr. Poe raises three assignments of error in this appeal. First, he argues that the trial
court erred in not permitting him to elicit testimony regarding possible sexual abuse of D.T.
by someone other than him, where the State opened the door to the issue. Next, Mr. Poe
contends that he was denied his constitutional right to confront the State’s witnesses. Finally,
Mr. Poe asserts that the trial court erred in limiting the evidence that he wanted to proffer
for purposes of appeal. We affirm.
At the jury trial, Angela Allyn, who is D.T.’s and S.T.’s aunt, testified that D.T. and
S.T. came to her house to spend the weekend beginning on December 30, 2004. On that
afternoon D.T. insisted on taking a bath, and Mrs. Allyn ran the bath water for her. When
D.T. undressed, Mrs. Allyn noticed redness and bruising in her genital area and asked D.T.
about it. According to Mrs. Allyn, D.T. replied, “I can’t tell you, because Corey will kill
my mom and dad.” Then D.T. indicated that Corey had touched her inappropriately.
Mrs. Allyn asked if anyone else had touche