ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
ROBERT J. GLADWIN, JUDGE
STATE OF ARKANSAS
FEBRUARY 28, 2007
APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT
HON. JOHN LANGSTON,
Appellant James Arthur appeals his conviction by a Pulaski County jury for false
imprisonment in the second degree, for which he was sentenced to pay a $1,000 fine. On
appeal, appellant argues that the circuit court erred by instructing the jury that false
imprisonment in the second degree is a lesser-included offense of kidnapping, the offense
with which he was originally charged. We affirm.
On or about July 29, 2005, appellant was charged with kidnapping pursuant to Ark.
Code Ann. § 5-11-102 (Repl. 2006). The information alleged that on or about June 4, 2005,
he unlawfully, feloniously, without consent, did restrain Melanie Rosenstock so as to
Not designated for publication.
interfere substantially with her liberty with the purpose of terrorizing her or another person,
or inflicting physical injury upon her, or of engaging in sexual intercourse, deviate sexual
activity, or sexual contact with her.
A jury trial proceeded on April 6, 2006, with appellant and the victim testifying as the
central witnesses. Each gave a separate account as to what appellant’s attorney refers to as
“an over-the-road trucking run gone awry.” At the conclusion of the testimony, the attorneys
and the circuit court held a jury-instruction conference, during which appellant’s attorney
requested that the judge instruct the jury on false imprisonment in the second degree, a
misdemeanor. The State did not object, and the circuit judge did present the proffered
instruction to the jury. Subsequent to the instructions being given, the jury deliberated and
returned a verdict of guilty on the charge of false imprisonment in the second degree. The
conviction was evidenced by the judgment and commitment order filed on April 21, 2006,
and appellant filed a timely notice