APPEAL FROM THE CRITTENDEN COUNTY CIRCUIT COURT. No. CR-2010-1229. HONORABLE RALPH WILSON, JR., JUDGE.
AFFIRMED; MOTION TO WITHDRAW GRANTED.
C. Brian Williams, for appellant.
LARRY D. VAUGHT, Judge. HARRISON and BROWN, JJ., agree.
LARRY D. VAUGHT, Judge.
Counsel for appellant Derek Lemanuel Harmon has filed this no-merit appeal and motion to withdraw from the sentencing order revoking his probation. Pursuant to Arkansas Supreme Court Rule 4-3(k)(1) (2014), and Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel's brief asserts that there is no issue of arguable merit to present on appeal. Because we agree, we affirm the revocation and grant counsel's motion to withdraw.
On July 17, 2011, Harmon pled guilty to possession of a controlled substance with intent to deliver. He was sentenced to thirty-six months' probation; ordered to pay fines, court fees and costs, and probation fees; and directed to obey the terms and conditions of his probation. On November 5, 2013, the State filed a petition to revoke Harmon's probation, alleging that he had failed to pay fines, costs, and fees; failed to report to the probation office;
failed to pay probation fees; failed to notify the sheriff and the probation office of his current address and employment; and departed from an approved residence without permission.
A revocation hearing was held on March 6, 2014. Amy Peyton, who collects court-imposed fines and fees for the Crittenden County Sheriff's Office, testified that Harmon was ordered to pay $2165 in court fines, costs, and fees in monthly payments of $50. She testified that Harmon never contacted her and made no payments toward his court fines, costs, and fees, leaving a full balance of $2165. During her testimony, a ledger reflecting the amount Harmon owed in fees, fines, and costs was introduced into evidence.
At the conclusion of Peyton's testimony, Harmon's counsel moved to dismiss all of the allegations made in the State's petition, except for the allegations that he failed to pay court fines, costs, and fees and that he failed to notify the sheriff of his current address and employment. The trial court granted the motion.
Harmon testified that following his probation assessment, he secured employment as a cook at the Community Services of the Blind earning $9 per hour. He further testified that he was aware of his financial obligations related to this case, but he stated that he had been unable to satisfy those obligations because he had been " trying to live" and pay child support for his four children. ...