Young v. State

2017 Ark. App. 8

Opinion

Cite as 2017 Ark. App. 8

ARKANSAS COURT OF APPEALS DIVISION I

No. CR-16-320

Opinion Delivered January 18, 2017

JAVIAN YOUNG APPEAL FROM THE JEFFERSON APPELLANT COUNTY CIRCUIT COURT [NO. 35CR-12-592]

V.

HONORABLE BERLIN C. JONES, STATE OF ARKANSAS JUDGE APPELLEE

AFFIRMED; MOTION TO

WITHDRAW GRANTED

BRANDON J. HARRISON, Judge Javian Young appeals from the revocation of his probation and related sentence of seven years’ imprisonment. Young’s attorney has filed a no-merit brief pursuant to Anders v. California, 386 U.S. 738 (1967), and Ark. Sup. Ct. R. 4-3(k)(1) (2016), along with a motion to withdraw as counsel, asserting that there is no issue of arguable merit for an appeal. Our court’s clerk mailed a certified copy of counsel’s motion and brief to Young pursuant to Ark. Sup. Ct. R. 4-3(k)(2), informing him of his right to file pro se points for reversal. Young has not filed any points, and the State has not filed a brief. We grant the motion to withdraw and affirm.

The test for filing a no-merit brief is not whether there is any reversible error, but whether an appeal would be wholly frivolous. Tucker v. State, 47 Ark. App. 96, 885 S.W.2d 904 (1994). Based on our review of the record for potential error pursuant to Anders and the requirements of Rule 4-3(k), we hold that Young’s appeal is wholly without merit. So

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Cite as 2017 Ark. App. 8

pursuant to sections (a) and (b) of In re Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d 63 (1985), we issue this memorandum opinion granting counsel’s motion to withdraw and affirming the court’s revocation.

Affirmed; motion to withdraw granted.

GLADWIN and VAUGHT, JJ., agree.

Potts Law Office, by: Gary W. Potts, for appellant.

No response.