Gaines v. State

2014 Ark. App. 651

• Court: Court of Appeals of Arkansas
• Decided: November 19, 2014
• Docket: CR-13-860
• Status: Published

Opinion

Cite as 2014 Ark. App. 651

ARKANSAS COURT OF APPEALS DIVISION II No. CR-13-860

Opinion Delivered November 19, 2014 TONYA RENEE GAINES APPELLANT APPEAL FROM THE CRITTENDEN COUNTY CIRCUIT COURT V. [NO. CR-2008-1131]

STATE OF ARKANSAS HONORABLE RANDY APPELLEE F. PHILHOURS

AFFIRMED; MOTION TO WITHDRAW GRANTED

BRANDON J. HARRISON, Judge

Tonya Renee Gaines appeals from the order revoking her probation and

sentencing her to twenty-four months in a Community Correction Center with ninety-

six months’ suspended imposition of sentence. Pursuant to Anders v. California, 368 U.S.

738 (1967) and Ark. Sup. Ct. R. 4-3(k)(1) (2013), Gaines’s attorney has filed a no-merit

brief and a motion to withdraw, addressing all of the adverse rulings made at the

termination hearing, explaining why each adverse ruling is not a meritorious ground for

reversal, and requesting to be relieved as counsel. Gaines was provided with a copy of her

counsel’s brief and motion and informed of her rights to file pro se points. She has not

done so.

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

rather whether an appeal would be wholly frivolous. Tucker v. State, 47 Ark. App. 96, 885

1 Cite as 2014 Ark. App. 651

S.W.2d 904 (1994). We have reviewed the entire record and counsel’s brief and conclude

that Gaines’s counsel has adequately explained why there is no meritorious issue on

appeal. 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 be relieved and affirming the court’s revocation.

Affirmed; motion to withdraw granted.

WALMSLEY and GRUBER, JJ., agree.

C. Brian Williams, for appellant.

No response.