FROM THE PULASKI COUNTY CIRCUIT COURT, FIRST DIVISION [NO.
60CR-10-4350] HONORABLE LEON JOHNSON, JUDGE
DISMISSED; MOTION TO WITHDRAW GRANTED
William R. Simpson, Jr., Public Defender, Allen Jones, Rule
XV Student, by: Margaret Egan, Deputy Public Defender, for
WAYMOND M. BROWN, Judge.
appeals from the circuit court's order revoking her
probation. Appellant's counsel has filed a no-merit brief
and a motion to withdraw pursuant to Anders v.
Californiaand Arkansas Supreme Court Rule 4-3(k),
stating that there are no meritorious grounds to support the
appeal. The clerk mailed a certified copy of counsel's
motion and brief to appellant, informing her of her right to
file pro se points for reversal. Appellant failed to file pro
se points for reversal. We dismiss and grant counsel's
motion to withdraw.
August 19, 2010, appellant was charged by felony information
with aggravated assault on a family or household member, a
Class D felony. Appellant signed a no-contest plea statement
on February 22, 2012, and was sentenced to sixty months'
probation as reflected in the court's March 7, 2012
sentencing order. Appellee filed a petition for revocation of
appellant's probation on May 13, 2013, alleging that
appellant had violated the terms of her probation by failing
to make her monthly visits to her probation officer, to
maintain current information, to pay her fines and court
costs within the specified time frame, and to provide proof
of completion of anger-management classes within the
specified time frame. Appellant signed a revocation plea
statement on May 29, 2013, and was sentenced to sixty
months' probation as reflected in the circuit court's
June 17, 2013 sentencing order.
filed its second petition for revocation on November 22,
2013, alleging that appellant violated the terms of her
probation by failing to report to her probation officer, to
pay her fines and court costs, and to provide proof of
completion of anger-management classes. Appellant signed a
revocation plea statement on January 9, 2014, and was
sentenced to sixty months' probation as reflected in the
circuit court's March 5, 2014 sentencing order.
filed its third petition for revocation on December 15, 2014,
alleging appellant violated the terms of her probation by
failing to report to her probation officer and to provide
proof of completing anger-management and drug-treatment
classes. Appellant signed a revocation plea statement on
March 14, 2016. A hearing on appellee's petition was held
on April 11, 2016, at the conclusion of which appellant was
sentenced to thirty-six months' imprisonment in the
Arkansas Department of Correction and twenty-four months'
suspended imposition of sentence. This timely appeal
compliance with Anders and Rule 4-3(k), counsel
ordered the entire record and found that after a
conscientious review of the record, there are no issues of
arguable merit for appeal. However, as a general rule, a
defendant has no right to appeal from a plea of
guilty. A defendant may appeal from a guilty plea
under three limited exceptions: (1) a conditional guilty plea
under certain specified circumstances pursuant to Arkansas
Rule of Criminal Procedure 24.3(b); (2) where the assignment
of error is from a sentence or sentencing procedure that was
not an integral part of the acceptance of the plea; and (3)
an appeal from a guilty plea when the issue on appeal is one
of evidentiary errors that arose after the plea but during
the sentencing phase of the trial, regardless of whether a
jury was impaneled or the trial judge sat as the trier of
fact during that phase. Appellant's appeal does not fit any
exception. Accordingly, appellant's appeal is not
permitted and, therefore, must be dismissed.
dismissed; motion to withdraw granted.
and Whiteaker, JJ., agree.