Mitchell Cameron Ramsey v. State of Arkansas

2021 Ark. App. 4

• Court: Court of Appeals of Arkansas
• Decided: January 13, 2021
• Status: Published

Opinion

Cite as 2021 Ark. App. 4 Digitally signed by Elizabeth ARKANSAS COURT OF APPEALS Perry Date: 2022.08.15 11:01:14 DIVISION II -05'00' No. CR-20-307 Adobe Acrobat version: 2022.002.20191 Opinion Delivered: January 13, 2021 MITCHELL CAMERON RAMSEY APPELLANT APPEAL FROM THE BENTON COUNTY CIRCUIT COURT V. [NO. 04CR-13-1838]

STATE OF ARKANSAS HONORABLE BRAD KARREN, APPELLEE JUDGE DISMISSED; MOTION TO WITHDRAW GRANTED

RAYMOND R. ABRAMSON, Judge

Mitchell Cameron Ramsey appeals the Benton County Circuit Court order revoking

his suspended sentence. Ramsey’s attorney has filed a no-merit brief and motion to be

relieved as counsel pursuant to Anders v. California, 386 Ark. 738 (1967), and Arkansas

Supreme Court Rule 4-3(k) (2020), asserting that there is no issue of arguable merit to

present on appeal. Our clerk provided Ramsey with a copy of his attorney’s motion and

brief and notified him of his right to file pro se points for reversal. He did not file any pro

se points. We dismiss the appeal and grant counsel’s motion to withdraw. On March 6, 2014, Ramsey pled guilty to residential burglary, and he was sentenced

to five years’ probation. 1 On January 12, 2018, the State filed a petition to revoke his

probation alleging that Ramsey had committed negligent homicide. On November 15, he

pled guilty to the revocation and to the additional charge of negligent homicide. He was

sentenced to twenty years’ suspended sentence for the revocation and thirteen years’

imprisonment with six months’ suspended sentence for negligent homicide. The terms of

Ramsey’s suspended sentence included that he report to the circuit court on January 14,

2019, to begin his term of imprisonment.

On January 24, the State filed a petition to revoke Ramsey’s suspended sentence.

The State alleged that Ramsey had failed to surrender to the circuit court on January 14.

On September 11, the court held a revocation hearing, and Ramsey pled guilty. He stated

that he did not surrender because he had transportation issues. Following a sentencing

hearing on September 20, the court filed an order on October 3 sentencing Ramsey to

twenty years’ imprisonment to run consecutively to the thirteen years’ imprisonment for

negligent homicide. This no-merit appeal followed.

We must dismiss the appeal. Generally, under Rule 1(a) of the Arkansas Rules of

Appellate Procedure–Criminal, there is no right to appeal from a guilty plea, except for a

conditional plea of guilty premised on an appeal of the denial of a suppression motion

pursuant to Arkansas Rule of Criminal Procedure 24.3. Our supreme court has recognized

two other exceptions to the general rule: (1) when there is a challenge to testimony or

1 Ramsey also pled guilty to theft of property, and he was sentenced to twelve months’ probation.

2 evidence presented in a sentencing hearing separate from the plea itself and (2) when the

appeal is an appeal of a posttrial motion challenging the validity and legality of the sentence

itself. See Andry v. State, 2014 Ark. App. 419. Counsel correctly states that appellant’s appeal

does not fit any exception. 2

Counsel also correctly states that the sentence Ramsey received was not illegal

because it fell within the permissible statutory range, and the circuit court had the discretion

to run it consecutively. See Ark. Code Ann. §§ 5-4-401(a)(3) and 5-4-403(b) (Repl. 2013).

Ramsey’s appeal is therefore dismissed, and counsel’s motion to withdraw is granted.

Dismissed; motion to withdraw granted.

GRUBER and HIXSON, JJ., agree.

The Hudson Law Firm, PLLC, by: Grace Casteel, for appellant.

One brief only.

2We note that the court held a sentencing hearing separate from the plea hearing,

but Ramsey did not challenge the testimony or evidence presented at the hearing.