DEMORCUS L. SMITH v. STATE OF ARKANSAS

2019 Ark. App. 319

Opinion

Cite as 2019 Ark. App. 319 Digitally signed by Elizabeth Perry ARKANSAS COURT OF APPEALS Date: 2022.07.21 12:45:13 DIVISION I -05'00' No. CR-18-897 Adobe Acrobat version: 2022.001.20169 Opinion Delivered: June 5, 2019 DEMORCUS L. SMITH APPELLANT APPEAL FROM THE ASHLEY V. COUNTY CIRCUIT COURT [NO. 02CR-17-095] STATE OF ARKANSAS APPELLEE HONORABLE ROBERT BYNUM GIBSON, JR., JUDGE

REBRIEFING ORDERED

RITA W. GRUBER, Chief Judge

This is a companion case to Smith v. State, 2019 Ark. App. 320, also handed down

today. Both are no-merit appeals from a revocation of probation. The circuit court held one

hearing for both cases. The Ashley County Circuit Court revoked Demorcus Smith’s

probation in both cases and sentenced him to eight years’ imprisonment in orders entered

on July 10, 2018, to run concurrently. The underlying conviction in this case was entered

on a plea of guilty to failure to register as a sex offender on September 12, 2017. Pursuant

to Arkansas Supreme Court Rule 4-3(k) and Anders v. California, 386 U.S. 738 (1967),

appellant’s counsel has filed a motion to withdraw stating that there is no merit to an appeal.

The underlying conviction in case no. CR-18-925 was entered on a plea of guilty to

second-degree sexual assault on December 9, 2014. Because of briefing deficiencies, we

order rebriefing. The record filed in this case contains the pleadings, orders, and documents in the

failure-to-register conviction, circuit court case no. CR-17-095. The brief filed in this case,

however, contains a statement of the case, argument, and addendum concerning the sexual-

assault conviction, circuit court case no. CR-14-098. Conversely, the record filed in the

companion appeal, case no. CR-18-925, contains the record for the sexual-assault

conviction, but the briefs filed in the companion appeal concern the failure-to-register

conviction.

We order counsel to correct the above-referenced briefing deficiency within fifteen

days of this opinion.

Rebriefing ordered.

ABRAMSON and HARRISON, JJ., agree.

Potts Law Office, by: Gary W. Potts, for appellant.

One brief only.