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Humphrey v. State

Court of Appeals of Arkansas, Division IV

March 11, 2015

ROKOSI HUMPHREY, APPELLANT
v.
STATE OF ARKANSAS, APPELLEE

Page 266

APPEAL FROM THE MISSISSIPPI COUNTY CIRCUIT COURT, CHICKASAWBA DISTRICT. Nos. CR-12-262, CR-13-148. HONORABLE BARBARA HALSEY, JUDGE.

AFFIRMED; MOTION TO WITHDRAW GRANTED.

John H. Bradley, Chief Public Defender, for appellant.

Dustin McDaniel, Att'y Gen., by: Nicana C. Sherman, Ass't Att'y Gen., for appellee.

HARRISON and WHITEAKER, JJ., agree.

OPINION

Page 267

LARRY D. VAUGHT, Judge.

This is a no-merit appeal from two May 7, 2014 sentencing orders entered by the Mississippi County Circuit Court, revoking appellant Rokosi Humphrey's suspended impositions of sentence (SIS) in CR-2012-262 and CR-2013-148, and sentencing him to eight years and ten years, respectively, in the Arkansas Department of Correction (ADC), to be served consecutively. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and Rule 4-3(k) of the Rules of the Supreme Court and Court of Appeals, Humphrey's counsel has filed a motion to withdraw on the ground that this appeal is wholly without merit. The motion is accompanied by an abstract and addendum of the proceedings below, alleged to include all objections and motions decided adversely to Humphrey, and a brief in which counsel explains why there is nothing in the record that would support an appeal. The clerk of this court provided Humphrey with a copy of his counsel's brief and notified him of his right to file a pro se statement of points for reversal. Humphrey filed pro se points, and the Attorney General has filed a brief in response. We affirm the sentencing orders and grant counsel's motion to withdraw.

On May 13, 2013, Humphrey entered a guilty plea to the charge of residential burglary in Mississippi County case number CR-2012-262 and was sentenced to serve forty-eight months' incarceration in the ADC with an additional seventy-two months' SIS, subject to conditions of suspension. On July 24, 2013, Humphrey entered a guilty plea to a second charge of residential burglary in Mississippi County case number CR-2013-148 and was sentenced to 120 months' SIS, subject to conditions of suspension.

On February 21, 2014, the State filed a motion for imposition of sentence in case number CR-2013-148, alleging that on December 23, 2013, Humphrey committed residential burglary and two counts of theft of property. Also on February 21, 2014, the State filed a motion for imposition of sentence in case number CR-2012-262, alleging that on December 25, 2013, Humphrey committed residential burglary, criminal attempt to commit theft of property, criminal mischief, and possession of a firearm.

A hearing on both of the State's motions was held on May 7, 2014. Taylor Fowler testified that on the evening of December 25, 2013, she and her family had just returned home from celebrating Christmas with family when she heard glass breaking in her dining room and saw a man, whom she identified as Humphrey, trying to climb into the window. When she yelled for and ran toward her husband, who was outside in the driveway, Humphrey ran away. Her husband, Wesley Fowler, testified that he chased Humphrey but was unable to catch him. Wesley testified that he recognized Humphrey because he had mowed the Fowlers' yard two or three years prior. Wesley also stated that Humphrey caused $2000--2500 damage to their home.

Mark Blount testified that on December 23, 2013, he returned home to find that his truck, along with other items inside his home ...


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