ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

JOHN E. JENNINGS, JUDGE

DIVISION III

CACR 00-797

March 21, 2001

ANDRE DEMONT DOTSON APPEAL FROM CRAWFORD COUNTY

APPELLANT CIRCUIT COURT

VS.

HONORABLE GARY RAY COTTRELL,

CIRCUIT JUDGE

STATE OF ARKANSAS

APPELLEE AFFIRMED

A jury found Andre Demont Dotson guilty of rape, and he was sentenced to serve ten years in prison. He argues on appeal that the trial court erred in denying his motion in limine to prohibit testimony about prior bad acts and that the trial court erred in denying his motion to quash the jury panel. We disagree and affirm the judgment.

The victim testified that she had known appellant for more than a year as he had been dating her niece. Around midnight on December 12, 1998, after he could not get his car started, appellant asked the victim if she would allow him to come insideher home long enough to get warm. She agreed but told appellant that she and her two-year-old daughter were going to bed and to lock the door when he left. The victim stated that hours later appellant burst into her bedroom with a wild look in his eyes. She testified that he dragged her off to another bedroom where he choked her and raped her. She testified that afterward appellant was apologizing and explaining that he had been drinking beer and smoking marijuana.

Appellant testified that, after he could not get his car started, he warmed up and then went to his friend's house for a couple of hours. He stated that he drank some beer and smoked "half a joint." Appellant stated that when he returned to the victim's house, she "came onto him" and they had consensual sex.

Officer James Hurst testified that when he interviewed appellant following the allegations of rape, appellant admitted to him that he had drunk some beer and smoked marijuana at a friend's house.

Appellant argues that the trial court erred in denying his motion in limine to prevent the victim from testifying that he had been drinking and had smoked marijuana. Appellant argued that Arkansas Rule of Evidence 404(b) provides that evidence of other crimes, wrongs, or acts is not admissible to prove the character of the accused in order to show that he acted in conformity therewith. On appeal, we will not reverse the trial court's ruling onadmission of evidence absent an abuse of discretion nor will we reverse absent a showing of prejudice. Edwards v. State, 70 Ark. App. 127, 15 S.W.3d 358 (2000). Since the victim's testimony was cumulative of Officer James Hurst's testimony and appellant's own testimony, appellant cannot show prejudice. See Stephens v. State, 328 Ark. 81, 941 S.W.2d 411 (1997). In any event, evidence that appellant had been drinking alcohol and smoking marijuana shortly before the rape occurred was admissible under the res gestae exception to Rule 404(b). Evidence of circumstances that explain the act, show a motive, or illustrate the accused's state of mind, may be independently relevant and admissible. Gaines v. State, 340 Ark. 99, 8 S.W.3d 547 (2000).

Next, appellant argues that the trial court erred in denying his motion to quash the jury panel because there were no black persons questioned or seated on the jury. Appellant bears the burden of proving the systematic exclusion of members of his racial group from the venire. Walker v. State, 314 Ark. 628, 864 S.W.2d 230 (1993). Counsel admits in his brief that he did not put on evidence of the systematic exclusion of blacks from the venire, but he argued at trial that the procedure for using voter registration lists excluded many black people who do not vote and yet are citizens of the community who would otherwise serve on the jury. The procedure for using voter registration lists for the selection of jurors is found in Ark. Code Ann. § 16-32-103 (Repl. 1999), andit has been held that this method does not violate the requirement that the jury be selected from a representative cross-section of the community. Sheridan v. State, 313 Ark. 23, 852 S.W.2d 772 (1993); Mitchell v. State, 299 Ark. 566, 776 S.W.2d 332 (1989).

Affirmed.

Stroud, C.J., and Neal, J., agree.