Jones v. State

2015 Ark. App. 4

• Court: Court of Appeals of Arkansas
• Decided: January 14, 2015
• Docket: CR-14-451
• Status: Published

Opinion

Cite as 2015 Ark. App. 4

ARKANSAS COURT OF APPEALS DIVISION I No. CR-14-451

Opinion Delivered January 14, 2015

ROBERT EDWARD JONES APPEAL FROM THE CRITTENDEN APPELLANT COUNTY CIRCUIT COURT [NO. CR-2007-49D] V. HONORABLE RALPH WILSON, JR., STATE OF ARKANSAS JUDGE APPELLEE AFFIRMED; MOTION TO WITHDRAW GRANTED

BRANDON J. HARRISON, Judge

The Crittenden County Circuit Court revoked Robert Jones’s probation and

sentenced him to twelve years’ imprisonment. On appeal, Jones’s counsel argues that

there are no meritorious grounds for appeal and asks to be relieved as counsel. The clerk

of our court mailed a certified copy of counsel’s motion and brief to Jones in accordance

with Rule 4-3(k)(2) of the Arkansas Rules of the Supreme Court, informing him of his

right to file pro se points for reversal. Jones has not filed pro se points for reversal.

Because counsel has complied with the requirements of Rule 4-3(k), we grant the motion

to be relieved and affirm.

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

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

S.W.2d 904 (1994). Based on our review of the record for potential error pursuant to

1 Cite as 2015 Ark. App. 4

Anders v. California, 386 U.S. 738 (1967), and the requirements of Rule 4-3(k), we hold

that Jones’s appeal is wholly without merit. 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 withdraw and affirming the court’s

revocation.

Affirmed; motion to withdraw granted.

VAUGHT and BROWN, JJ., agree.

S. Butler Bernard, Jr., for appellant.

No response.