Wright v. State

2015 Ark. App. 300

• Court: Court of Appeals of Arkansas
• Decided: May 6, 2015
• Docket: CR-14-294
• Status: Published

Opinion

Cite as 2015 Ark. App. 300

ARKANSAS COURT OF APPEALS DIVISION IV No. CR-14-294

Opinion Delivered May 6, 2015

DEWAYNE CURTIS WRIGHT APPEAL FROM THE OUACHITA APPELLANT COUNTY CIRCUIT COURT [NO. CR-2012-98-3]

V. HONORABLE EDWIN KEATON, JUDGE

STATE OF ARKANSAS AFFIRMED; MOTION TO APPELLEE WITHDRAW GRANTED

PHILLIP T. WHITEAKER, Judge

Dewayne Curtis Wright appeals from his Ouachita County Circuit Court convictions

for aggravated robbery, theft of property, and third-degree battery. Appellate counsel has filed

a motion with this court to be relieved as counsel pursuant to Anders v. California, 386 U.S.

738 (1967), and Arkansas Supreme Court Rule 4-3(k) (2014). The motion is accompanied

by a no-merit brief containing an abstract and addendum of the proceedings below. The

abstract and addendum in counsel’s brief include all objections and motions decided adversely

to appellant, and counsel explains in the argument portion of his brief why there is nothing

in the record that would arguably support an appeal. Wright has filed a pro se statement of

points for reversal, and the State has filed a response thereto.

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

whether an appeal would be wholly frivolous. See Tucker v. State, 47 Ark. App. 96, 885 Cite as 2015 Ark. App. 300

S.W.2d 904 (1994). From our review of the record and the brief presented to us, including

consideration of Wright’s pro se points for reversal, which are either not preserved for appeal

or do not otherwise support reversal, we find compliance with Rule 4-3(k) and that there is

no merit to an appeal.

Affirmed; motion to withdraw granted.

VIRDEN and GRUBER, JJ., agree.

N. Mark Klappenbach, for appellant.

Dustin McDaniel, Att’y Gen., by: Ashley Priest, Ass’t Att’y Gen., for appellee.