FROM THE BRADLEY COUNTY CIRCUIT COURT [NO. 06CR-05-82-1]
HONORABLE SAM POPE, JUDGE
MOTION TO WITHDRAW GRANTED
D. Warner, for appellant.
J. GLADWIN, Judge
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.
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).
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
Facts and Procedural History
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
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
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.
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.
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, ...