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House v. State

Court of Appeals of Arkansas, Division IV

April 29, 2015

BRANDON LAMONT HOUSE APPELLANT
v.
STATE OF ARKANSAS APPELLEE

APPEAL FROM THE CLARK COUNTY CIRCUIT COURT [NOS. CR-2010-202; CR-2012-09] HONORABLE ROBERT E. MCCALLUM, JUDGE

Crawford Law Firm, by Brandon Crawford, for appellant.

Leslie Rutledge, Att'y Gen., by: Jake H. Jones, Ass't Att'y Gen., for appellee.

PHILLIP T. WHITEAKER, Judge

Appellant Brandon House pled guilty in CR-2010-202 to two counts of commercial burglary and one count of felony theft of property and was sentenced to five years' probation in June 2011. Approximately one year later, House pled guilty in CR-2012-09 to two counts of second-degree forgery and received six years' probation. His probation in both cases was revoked in May 2014 after the circuit court found that he had committed several violations of his probation. The court sentenced him to forty years' imprisonment in the Arkansas Department of Correction in CR-2010-202 and ten years' suspended imposition of sentence in CR-2012-09. House timely filed an appeal of his revocations.

On appeal, 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) (2012). The motion is accompanied by an abstract and addendum of the proceedings below. Counsel has also filed a no-merit brief, asserting that there is nothing in the record that would support an appeal. House has filed pro se statements 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 rather would an appeal 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, we find that there has been compliance with Rule 4-3(k), and after consideration of House's pro se points for reversal, [1] we hold that House's appeal is wholly without merit.

Affirmed; motion to withdraw granted.

Virden and Gruber, JJ., agree.


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