Page:Schnarr v. State, 2018 Ark. 333.pdf/3

 his proffered jury instruction: "Justification – Use of Deadly Physical Force in Defense of A Person." Schnarr sought to present a justification defense based on Ark. Code Ann. §§ 5-2-601 et seq., which the circuit court denied. Additionally, Schnarr filed a written motion, the circuit court denied the motion, and Schnarr proffered the requested instruction, which the circuit court denied. The circuit court found that our opinions interpreting Arkansas Code Annotated § 5-2-614 precluded the use of a justification defense when the offense charged required only a reckless mental state.

With regard to our standard of review, we have stated that a party is entitled to a jury instruction when it is a correct statement of the law and when there is some basis in the evidence to support giving the instruction. Vidos v. State, 367 Ark. 296, 300, 239 S.W.3d 467, 476 (2006). We will not reverse a circuit court's decision to give or reject an instruction unless the court abused its discretion. Clark v. State, 374 Ark. 292, 305, 287 S.W.3d 567, 576 (2008).

Further, we are tasked with interpreting Arkansas Code Annotated section 5-2-614 (Repl. 2013). "We review issues of statutory interpretation de novo because it is for this court to decide what a statute means. While we are not bound by the circuit court’s ruling, we will accept that court’s interpretation of a statute unless it is shown that the court erred." Ortho-McNeil-Janssen Pharms., Inc. v. State, 2014 Ark. 124, at 10, 432 S.W.3d 563, 571 (internal citations omitted). "We construe criminal statutes strictly, resolving any doubts in favor of the defendant. We also adhere to the basic rule of statutory construction, which is to give effect to the intent of the legislature. We construe the statute just as it reads, giving the