Donald Davidson v. State of Arkansas

── Donald Davidson v. State of Arkansas ── Court: Court of Appeals of Arkansas Date: May 13, 2026 Category: General Cite as 2026 Ark. App. 295 ARKANSAS COURT OF APPEALS DIVISION II No. CR-25-391 Opinion Delivered May 13, 2026 DONALD DAVIDSON APPEAL FROM THE HOT SPRING APPELLANT COUNTY CIRCUIT COURT [NO. 30CR-23-175] V. HONORABLE STEPHEN L. SHIRRON, JUDGE STATE OF ARKANSAS APPELLEE AFFIRMED; REMANDED FOR CORRECTION OF SENTENCING ORDER BART F. VIRDEN, Judge A Hot Spring County jury convicted appellant Donald Davidson of one count of second-degree sexual assault and three counts of rape. He was sentenced as a habitual offender to an aggregate term of eighty-five years’ imprisonment. On appeal, he challenges the sufficiency of the evidence as to each of the rape convictions. 1 We affirm but remand for correction of the sentencing order to reflect Davidson’s habitual-offender status. I. Background 1 Davidson does not challenge the sufficiency of the evidence supporting his conviction for second-degree sexual assault.  Only a brief recitation of the testimony from Davidson’s trial is necessary because his challenge to the sufficiency of the evidence is not preserved. In June 2023, MV1 was arrested following a physical and verbal altercation with Davidson. While in custody, MV1 disclosed to law enforcement that Davidson had sexually abused him as a child. Lieutenant Glen Pye with the Hot Spring County Sheriff’s Department testified that his investigation into MV1’s allegations revealed other possible victims. On October 11, 2023, the State charged Davidson with committing rape2 and sexual assault as to MV1 between 1990 and 2001 when he was under the age of fourteen; rape and sexual assault as to MV2 between 1989 and 2001 when she was under the age of fourteen; and rape as to MV3 between 2008 and 2011 when she was under the age of fourteen. The testimony at trial revealed that MV1 and MV2, now adults, are the much younger siblings of Davidson’s wife, Kathy. Lillian Kennerly, Kathy, MV1, and MV2’s mother, lived next door to Davidson and permitted Davidson and Kathy to babysit MV1 and MV2 when they were very young. Even after MV1 and MV2 told Kennerly that Davidson was abusing them, Kennerly continued to allow Davidson to have access to MV1 and MV2 because she said that she did not want to “break up” her family. 2 A person commits rape if he or she engages in sexual intercourse or deviate sexual activity with another person who is less than fourteen years of age. Ark. Code Ann. § 5-14- 103(a)(3)(A) (1987 & Repl. 2006). “Deviate sexual activity” means any act of sexual gratification involving the penetration, however slight, of the anus or mouth of a person by the penis of another person; or the penetration, however slight, of the labia majora or anus of a person by any body member or foreign instrument manipulated by another person. Ark. Code Ann. § 5-14-101(1)(A) (1987 & Repl. 2006). 2  MV1 and MV2 testified that Davidson, their brother-in-law, would take each of them on drives and allowed them to sit on his lap and steer the vehicle while he fondled their genitalia. They also testified that Davidson played hide-and-seek with both of them and that, when he would find one of them, he would perform oral sex on that child. MV1 further testified that, as a teenager, Davidson performed oral sex on him and, on one occasion, sedated him and digitally penetrated his anus. MV3, Davidson’s n