McCabe v. State

2015 Ark. App. 399

Opinion

-an )' 2015 Ark. App. 399

ARI(ANSAS COURT OF APPEALS DIVISION I

tto. CR-14-971

ARNOLD LEE McCABE, SR. opinion DeliveredJuNE 17, 2015 APPELLANT

APPEAL FROM THE CRAWFORD

COUNTY CIRCUIT COURT

lNo. 17CR-10-4401

STATE OF ARKANSAS HONORABLE GARY RAY APPELLEE COTTRELL, JUDGE

AFFIRMED; MOTION TO

WITHDRAW GRANTED

DAVID M. GLOVER, Judge

ln 2011, Arnold McCabe pled guilry to the offense of battery in the second degree on an employee of a correctional facility. He was sentenced to two years in the Arkansas Department of Correction, to be followed by an additional four years' suspended imposition of sentence. On February 7, 2074, the State filed a petition to revoke his suspended sentence, allegng that he violated its terms and conditions by conrnritting the offense of second-degree battery on or about January 2, 2014. The revocation hearing was held on May 7,201,4. The primary testimony came from Derek Steward, who was McCabe's friend and the alleged victim o[ the attack. Following the hearing, the trial court revoked McCabe's suspended sentence and sentenced him ro four years in the Arkansas Departnrent of Correction.

t f 2015 Ark. App. 399

McCabe's counsel has filed a motion to withdraw and a brief purporting to conrply with the requirements of Anders u. Calfornia, 386 U.S. 738 (1967), and Rule 4-3(k) of the Rules of the Arkansas Supreme Court and Court of Appeals, contending that an appeal in this case would be wholly without merit. Counsel's abstract and addendum include all ofthe trial court's rulings that were adverse to McCabe, and counsel also explains why those rulings would not support a meritorious appeal. The clerk of our couft provided McCabe with a

copy of his counsel's motion and brief and alerted McCabe to his right to file points of

appeal, which he did. The State has filed a brief in response to those points and supplemented the addendum, adding the proof of service, the underlying plea agreement,

and the conditions for the suspended sentence.

Based on our review of the record and the briefs presented to this court, we conclude that there has been flull compliance with Anders, supra, and our Rule 4-3(k), and that an

appeal in this case would be wholly without merit. Counsel's motion to withdraw is

granted, and the revocation of McCabe's suspended sentence and imposition of a four-year sentence is affirmed.

A{firmed; motion to withdraw granted.

HnRRlsoN and KtNaRo,lJ., agree.

Lisa-Marie Norris, for appellant.

No response.

cR-14-97r