Chad Allen Jernigan v. State of Arkansas

2020 Ark. App. 35

• Court: Court of Appeals of Arkansas
• Decided: January 22, 2020
• Status: Published

Opinion

Cite as 2020 Ark. App. 35 Digitally signed by Elizabeth Perry ARKANSAS COURT OF APPEALS Date: 2022.08.10 12:28:35 DIVISION II -05'00' No. CR-19-480 Adobe Acrobat version: 2022.001.20169 Opinion Delivered: January 22, 2020

CHAD ALLEN JERNIGAN APPELLANT APPEAL FROM THE MILLER COUNTY CIRCUIT COURT V. [NO. 46CR-18-568]

STATE OF ARKANSAS HONORABLE BRENT HALTOM, APPELLEE JUDGE AFFIRMED; MOTION TO WITHDRAW GRANTED

BART F. VIRDEN, Judge

Appellant Chad Allen Jernigan pleaded guilty to abuse of a corpse in the Miller

County Circuit Court, and he was sentenced to ten years’ imprisonment in the Arkansas

Department of Correction (ADC) and assessed a $10,000 fine. A timely notice of appeal

followed. Subsequently, Jernigan’s attorney filed a no-merit brief and motion to be relieved

as counsel pursuant to Anders v. California, 386 Ark. 738 (1967), and Arkansas Supreme

Court Rule 4-3(k) (2019) asserting that there is no issue of arguable merit to present on

appeal. We affirm the sentence and grant counsel’s motion to withdraw.

Generally, under Rule 1(a) of the Arkansas Rules of Appellate Procedure–Criminal,

there is no right to appeal from a guilty plea, except for a conditional plea of guilty premised

on an appeal of the denial of a suppression motion pursuant to Arkansas Rules of Criminal

Procedure 24.3. However, our supreme court has recognized two other exceptions to the

general rule: (1) when there is a challenge to testimony or evidence presented before a jury in a sentencing hearing separate from the plea itself and (2) when the appeal is an appeal of

a posttrial motion challenging the validity and legality of the sentence itself. See Andry v.

State, 2014 Ark. App. 419, at 2.

Here, there was a separate sentencing hearing after Jernigan pleaded guilty; therefore,

an appeal challenging the evidence presented at the hearing can be heard. The no-merit

brief lists all rulings adverse to Jernigan and explains why there are no nonfrivolous issues

for appeal. The clerk of our court attempted to provide Jernigan with his attorney’s motion

and brief and to notify him of his right to file pro se points for reversal as provided in

Arkansas Supreme Court Rule 4-3(k)(2). The certified mailing was sent to Jernigan’s last

known address, and he did not file any pro se points for reversal.

Defense counsel has adequately explained that none of the adverse rulings provide

meritorious grounds for appeal. From our review of the record and no-merit brief, we find

compliance with Rule 4-3(k) and hold that an appeal would be wholly without merit.

Affirmed; motion to withdraw granted.

GLADWIN and VAUGHT, JJ., agree.

Joseph C. Self, for appellant.

One brief only.