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Gaines v. State

Court of Appeals of Arkansas, Division II

November 19, 2014

TONYA RENEE GAINES APPELLANT
v.
STATE OF ARKANSAS APPELLEE

APPEAL FROM THE CRITTENDEN COUNTY CIRCUIT COURT [NO. CR-2008-1131] HONORABLE RANDY F. PHILHOURS

C Brian Williams, for appellant.

No response.

BRANDON J. HARRISON, JUDGE

Tonya Renee Gaines appeals from the order revoking her probation and sentencing her to twenty-four months in a Community Correction Center with ninety-six months' suspended imposition of sentence. Pursuant to Anders v. California, 368 U.S. 738 (1967) and Ark. Sup. Ct. R. 4-3(k)(1) (2013), Gaines's attorney has filed a no-merit brief and a motion to withdraw, addressing all of the adverse rulings made at the termination hearing, explaining why each adverse ruling is not a meritorious ground for reversal, and requesting to be relieved as counsel. Gaines was provided with a copy of her counsel's brief and motion and informed of her rights to file pro se points. She has not done so.

The test for filing a no-merit brief is not whether there is any reversible error, but rather whether an appeal would be wholly frivolous. Tucker v. State, 47 Ark.App. 96, 885 S.W.2d 904 (1994). We have reviewed the entire record and counsel's brief and conclude that Gaines's counsel has adequately explained why there is no meritorious issue on appeal. Therefore, 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 be relieved and affirming the court's revocation.

Affirmed; motion to withdraw granted.

Walmsley and Gruber, JJ., agree.


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