Jefferson v. State

2017 Ark. App. 31

• Court: Court of Appeals of Arkansas
• Decided: January 25, 2017
• Docket: CR-16-619
• Status: Published

Opinion

Cite as 2017 Ark. App. 31

ARKANSAS COURT OF APPEALS DIVISION IV CR-16-619 No.

Opinion Delivered: January 25, 2017

AARIS JEFFERSON APPEAL FROM THE GARLAND APPELLANT COUNTY CIRCUIT COURT [NO. CR-2014-294-IV] V.

STATE OF ARKANSAS HONORABLE MARCIA R. APPELLEE HEARNSBERGER, JUDGE AFFIRMED; MOTION TO WITHDRAW GRANTED

BART F. VIRDEN, Judge

Aaris Jefferson appeals from an order of the Garland County Circuit Court revoking

his probation on a charge of possession of methamphetamine with intent to deliver and

sentencing him to 120 months with 96 months suspended in the Arkansas Department of

Correction. Pursuant to Anders v. California, 386 U.S. 738 (1967), and Arkansas Supreme

Court Rule 4-3(k) (2016), Jefferson’s attorney has filed a no-merit brief and a motion to

withdraw, addressing all of the adverse rulings made at the revocation hearing, explaining

why each adverse ruling is not a meritorious ground for reversal, and requesting to be

relieved as counsel. Jefferson was provided with a copy of his counsel’s brief and motion

and informed of his right to file pro se points. He 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. Gaines v. State, 2014 Ark. App. 651;

Tucker v. State, 47 Ark. App. 96, 885 S.W.2d 904 (1994). We have reviewed the entire Cite as 2017 Ark. App. 31

record and counsel’s brief and conclude that Jefferson’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 circuit court’s revocation.

Affirmed; motion to withdraw granted.

GRUBER, C.J., and HIXSON, J., agree.

Dusti Standridge, for appellant.

No response.