Martin v. State

2014 Ark. App. 350

• Court: Court of Appeals of Arkansas
• Decided: June 4, 2014
• Docket: CR-13-1012
• Status: Published

Opinion

Cite as 2014 Ark. App. 350

ARKANSAS COURT OF APPEALS DIVISION II No. CR-13-1012

Opinion Delivered June 4, 2014 DENARIUS A. MARTIN APPELLANT APPEAL FROM THE CRITTENDEN COUNTY CIRCUIT COURT V. [NO. CR-2008-459]

STATE OF ARKANSAS HONORABLE RANDY F. APPELLEE PHILHOURS, JUDGE

AFFIRMED; MOTION TO WITHDRAW GRANTED

BILL H. WALMSLEY, Judge

On June 30, 2008, appellant Denarius Martin pleaded guilty to burglary, and he

received five years’ probation and was ordered to pay restitution, fines, fees, and costs. On

April 22, 2013, the State filed a petition to revoke his probation alleging, among other things,

that Martin failed to make any payments toward what he owed. The Crittenden County

Circuit Court found that Martin had violated the terms and conditions of his probation and,

upon revocation, sentenced him to two years in a regional correctional facility followed by

seven years’ suspended imposition of sentence. Defense counsel has filed a motion to

withdraw on the basis that there is no merit to an appeal.

Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(k) of the Rules

of the Arkansas Supreme Court and Court of Appeals, defense counsel’s motion was

accompanied by a brief that purports to address all adverse rulings with an explanation why Cite as 2014 Ark. App. 350

each ruling is not a meritorious ground for reversal. Martin was provided with a copy of

counsel’s brief and notified of his right to file pro se points for reversal. Martin has not filed

any points.

From our review of the record and the briefs presented to us, we agree with defense

counsel that there is no merit to an appeal. Accordingly, we affirm the order of revocation and

grant defense counsel’s motion to withdraw.

Affirmed; motion to withdraw granted.

HARRISON and WYNNE, JJ., agree.

C. Brian Williams, for appellant.

No response.