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Pugh-Hayes v. State

Court of Appeals of Arkansas, Division III

February 1, 2017

LACRESHA PUGH-HAYES APPELLANT
v.
STATE OF ARKANSAS APPELLEE

         APPEAL FROM THE BRADLEY COUNTY CIRCUIT COURT [NO. 06CR-05-82-1] HONORABLE SAM POPE, JUDGE

         AFFIRMED; MOTION TO WITHDRAW GRANTED

          Margo D. Warner, for appellant.

          No response.

          ROBERT J. GLADWIN, Judge

         This is the second time this no-merit appeal is before us. On June 22, 2016, we ordered rebriefing. Pugh-Hayes v. State, 2016 Ark.App. 328. Pugh-Hayes has filed a new brief that includes in the substituted addendum the motion for rehearing, the motion for release on bond for emergency consideration and accompanying affidavit, a document entitled "Findings and Order" filed by the trial court on July 24, 2015, and the request for hearing and accompanying affidavit in support.

         Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(k) (2016) of the Rules of the Arkansas Supreme Court and Court of Appeals, Pugh-Hayes's counsel has filed a motion to withdraw, arguing that an appeal in this case is wholly without merit. This type of motion must be accompanied by an abstract and brief referring to everything in the record that might arguably support an appeal, including all motions, objections, and requests decided adversely to Pugh-Hayes, and a statement of reasons why none of those rulings would be a meritorious ground for reversal. Ark. Sup. Ct. R. 4-3(k).

         We have been informed via a memo dated December 12, 2016, from the office of the clerk of this court, that on September 28, 2016, Pugh-Hayes was provided with a copy of her counsel's brief and motion to withdraw on appeal and was notified of her right under Rule 4-3(k) (2016) of the Rules of the Arkansas Supreme Court and Court of Appeals to file a list of points on appeal. This was sent to Pugh-Hayes's last-known address at the Arkansas Department of Correction (ADC), and the green card certified mail return receipt was signed for and returned by Amanda Barnett on September 29, 2016. ADC returned the package to the clerk's office labeled "Paroled" and "Unable to Forward" on October 26, 2016. Pugh-Hayes's counsel was contacted, and she stated that she had no further contact information for Pugh-Hayes. A second attempt to mail the packet was made on November 1, 2016. The green card was signed for and returned by Donna Jones on November 2, 2016. The packet was again returned to the clerk's office on November 14, 2016, marked "Paroled" and "Unable to Forward, " and Pugh-Hayes's counsel confirms no additional contact information has been provided for Pugh-Hayes at this time.

         I. Facts and Procedural History

         On September 11, 2006, Pugh-Hayes appeared before the Bradley County Circuit Court and entered a negotiated plea of guilty to violation of the Arkansas Hot Check Law. She was sentenced to a total of ten years' probation, five supervised and five unsupervised.

         On or about March 6, 2014, Pugh-Hayes committed the offense of third-degree domestic battery. On August 25, 2014, Pugh-Hayes again appeared before the Bradley County Circuit Court and entered a plea of guilty to that charge. Her sentencing was deferred for twelve months, to end on August 25, 2015, in exchange for her strict compliance with the ordered conditions.

         Previously, the State had filed a petition for revocation on September 4, 2012, alleging that Pugh-Hayes was in violation because she failed to report as required; failed to pay supervision fees; failed to pay court costs; and failed to pay restitution. An order to show cause was issued that day, but on August 28, 2014, the trial court rescinded the order to show cause and allowed Pugh-Hayes to continue making payments.

         The State filed new petitions to revoke with amended violation reports on February 12, 2015, April 2, 2015, and May 22, 2015. The hearing on July 20, 2015, was the final hearing held regarding allegations of violating her probation terms. At that time, the trial court found that Pugh-Hayes was in violation of the probation terms, revoked her probation, and sentenced her to six years in the ADC.

         Following the revocation, Pugh-Hayes filed the following pleadings: (1) motion for rehearing on revocation of probation and/or imposition of suspended sentence; (2) motion for release on bond for emergency consideration with affidavit in support; (3) motion for discovery; and (4) request for hearing with affidavit in support. The certificates of service for these motions were not complete, and the record is void of any proof as to whether any of these motions were served as required. Thirty days after filing these motions, ...


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