Baxley v. State

2017 Ark. App. 6

• Court: Court of Appeals of Arkansas
• Decided: January 18, 2017
• Docket: CR-16-614
• Status: Published

Opinion

Cite as 2017 Ark. App. 6

ARKANSAS COURT OF APPEALS DIVISION I CR-16-614 No.

OPINION DELIVERED: January 18, 2017 TANNER BAXLEY APPEAL FROM THE HOT SPRING COUNTY CIRCUIT COURT APPELLANT [NO. 30CR-12-262-1]

V. HONORABLE CHRIS E WILLIAMS, JUDGE STATE OF ARKANSAS AFFIRMED; MOTION TO APPELLEE WITHDRAW GRANTED

ROBERT J. GLADWIN, Judge

On December 11, 2012, appellant Tanner Baxley was placed on five years’ supervised

probation for the offense of theft by receiving, a Class C felony. He was ordered to pay

$150 in court costs, a $1,000 fine, a $250 DNA fee, and $951.50 in supervision fees. On

February 14, 2014, the State filed a petition to revoke Baxley’s probation. On June 24,

2014, an amended report of probation violation was filed alleging that Baxley had violated

the following conditions: 1-Laws, 2-Alcohol/Controlled Substances, 6-Reporting, 7-

Employment and Residence, 13-Supervision Fees, 14-Restitution and 15-Court Costs,

Fines, and DNA. At the hearing on the petition to revoke on April 12, 2016, Baxley

admitted to each of the alleged violations. The trial court sentenced appellant to ten years

in the Arkansas Department of Correction. Cite as 2017 Ark. App.

This is a no-merit appeal filed pursuant to Anders v. California, 386 U.S. 738 (1967),

and Arkansas Supreme Court Rule 4-3(k) (2016). On appeal, Baxley’s counsel argues that

there are no meritorious grounds for appeal and asks to withdraw as counsel. The clerk of

this court mailed a certified copy of counsel’s motion and brief to Baxley in accordance with

Rule 4-3(k)(2), informing him of his right to file pro se points for reversal. Baxley has not

filed pro se points. Because counsel has complied with the requirements of Rule 4-3(k), we

grant the motion to withdraw and affirm.

The test for filing a no-merit brief is not whether there is any reversible error, but

whether an appeal would be wholly frivolous. Gaines v. State, 2014 Ark. App. 651. Based

on our review of the record for potential error pursuant to Anders, supra, and the

requirements of Rule 4-3(k), we hold that Baxley’s appeal is wholly without merit.

Therefore, pursuant to sections (a) and (b) of In re Memorandum Opinions, 16 Ark. App. 301,

700 S.W.2d 63 (1985), we issue this memorandum opinion granting counsel’s motion to

withdraw and affirming the circuit court’s revocation.

Affirmed; motion to withdraw granted.

HARRISON and VAUGHT, JJ., agree.

Gregory Crain, for appellant.

No response.