Stephanie Branch v. State of Arkansas

── Stephanie Branch v. State of Arkansas ── Court: Court of Appeals of Arkansas Date: April 15, 2026 Category: General Cite as 2026 Ark. App. 238 ARKANSAS COURT OF APPEALS DIVISIONS I, II & IV No. CR-25-364 Opinion Delivered April 15, 2026 STEPHANIE BRANCH APPEAL FROM THE SALINE COUNTY CIRCUIT COURT APPELLANT [NO. 63CR-24-264] HONORABLE BRENT DILLON V. HOUSTON, JUDGE STATE OF ARKANSAS APPELLEE AFFIRMED WAYMOND M. BROWN, Judge Appellant Stephanie Branch appeals from the Saline County Circuit Court’s order sentencing her to twenty-four months in the Arkansas Division of Correction. On appeal, Stephanie raises three arguments. First, she argues the circuit court erred in denying her proffered jury instruction on the affirmative defense of involuntary intoxication. Second, she argues that the circuit court erred by prohibiting the witness, April McCain, from providing opinion or inference testimony regarding her concern that Stephanie had been drugged. Last, she argues that the circuit court erred in finding that Ark. R. Evid. 404(b) would permit the introduction of her prior DWI convictions without violating Ark. R. Evid. 403 if she established the affirmative defense of involuntary intoxication. This court does not find Stephanie’s arguments persuasive and affirms.  I. Facts and Procedural History On April 1, 2024, the State filed a criminal information charging Branch with violation of the Omnibus DWI Act 4th offense. Following this, the parties filed several motions in limine and motions to continue had been filed. An order was entered setting the jury trial to be held on March 11, 2024. Before trial, on March 7, 2025, the State filed an amended criminal information adding a charge for refusal to submit to chemical testing. On March 11, 2025, the jury trial was held. At the trial, the State put on several witnesses: Jack Jiang, the manager of The Mighty Crab; James Branch, Stephanie’s ex- husband; and Nicholas Anderson, a detective with the Benton Police Department. The following facts were established at trial: On January 23, 2024, Jiang was working at The Mighty Crab in his managerial position, helping as needed. Stephanie came in around 5:00 or 6:00 p.m. and had a seat at the bar. She stayed until about 9:00 or 9:30 p.m. Jiang stated that Branch had two or three drinks, but she did not order any food. He also admitted he was unsure of the alcohol content in her drinks. Jiang further testified that there was a man sitting next to Stephanie at the bar, who she had told him was making her uncomfortable. However, he had no direct contact with the gentleman. Sometime after this, Stephanie went to the restroom for about thirty minutes, leaving her drink unattended at the bar. When Stephanie returned from the restroom, she appeared to be intoxicated. According to Jiang, Stephanie tried to leave, and he followed her outside. At one point, he 2 pulled her out of her truck, told her she should eat, and offered her food. However, she disappeared and eventually left. When asked about the man at the bar, Jiang clarified that he did not see the man do anything to Stephanie or her drink. He also stated that he checked the video footage of that night, but the bar’s view was blocked, and he could not see the interaction. Because Stephanie mentioned that the man had made her uncomfortable, they made sure he left the parking lot before they allowed her to go to ensure she wasn’t being followed. Jiang also testified that, in the past,