Michael Preston Carter v. State of Arkansas

2025 Ark. App. 10

Opinion

Cite as 2025 Ark. App. 10 ARKANSAS COURT OF APPEALS DIVISION III

No. CR-24-328

MICHAEL PRESTON CARTER Opinion Delivered January 15, 2025

APPELLANT

APPEAL FROM THE ASHLEY

COUNTY CIRCUIT COURT

V. [NO. 02CR-21-76]

STATE OF ARKANSAS HONORABLE ROBERT B. GIBSON III, APPELLEE JUDGE

AFFIRMED; MOTION TO

WITHDRAW GRANTED

ROBERT J. GLADWIN, Judge

Appellant Michael Preston Carter (“Carter”) appeals the Ashley County Circuit Court’s order revoking his suspended imposition of sentence (“SIS”) in case No. 02CR-21- 76 and sentencing him to eighty-four months in the Arkansas Division of Correction (“ADC”). Carter’s counsel filed a motion to withdraw and no-merit brief pursuant to Anders v. California, 386 U.S. 738 (1967), and Arkansas Supreme Court Rule 4-3(b) (2023), asserting that there is no merit to an appeal. Carter was provided a copy of his counsel’s brief and motion, but he did not file any pro se points for reversal; thus, the State did not file a responsive brief.

This is a companion case to Carter v. State, 2025 Ark. App. 9, ___ S.W.3d ___, also handed down today. Thus, the relevant facts, arguments, and this court’s conclusions are

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set forth in the companion case and are incorporated herein. Accordingly, we affirm the revocation of Carter’s SIS in case No. 02CR-21-76 and grant counsel’s motion to withdraw.

Affirmed; motion to withdraw granted.

ABRAMSON and WOOD, JJ., agree.

Vicki Lucas, for appellant.

One brief only.