DEMORCUS L. SMITH v. STATE OF ARKANSAS

2019 Ark. App. 320

• Court: Court of Appeals of Arkansas
• Decided: June 5, 2019
• Status: Published

Opinion

Cite as 2019 Ark. App. 320 Digitally signed by Elizabeth Perry ARKANSAS COURT OF APPEALS Date: 2022.07.21 12:47:05 DIVISION I -05'00' No. CR-18-925 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-14-098] 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. 319, also handed down

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

hearing for both cases. In this case, the Ashley County Circuit Court revoked Demorcus

Smith’s probation and sentenced him to eight years’ imprisonment in an order entered on

July 10, 2018. The underlying conviction was entered on a plea of guilty to second-degree

sexual assault on December 9, 2014. 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. Also on July 10, 2018, in case no. CR-18-897,

the Ashley County Circuit Court revoked appellant’s probation and sentenced him to eight

years’ imprisonment, to run concurrently with the sentence in this case. The underlying

conviction was entered on a plea of guilty to failing to register as a sex offender on

September 12, 2017. Because of briefing deficiencies, we order rebriefing. The record filed in this case contains the pleadings, orders, and documents in the

sexual-assault conviction, circuit court case no. CR-14-098. The brief filed in this case,

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

to-register conviction, circuit court case no. CR-17-095. Conversely, the record filed in

the companion appeal, Case No. CR-18-897, contains the record for the failure-to-register

conviction, but the briefs filed in the companion appeal concern the sexual-assault

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.