FROM THE CRITTENDEN COUNTY CIRCUIT COURT [NO. 18CR-14-992]
HONORABLE JOHN FOGLEMAN, JUDGE
C. Ginn, for appellant.
D. VAUGHT, Judge
a no-merit appeal filed on behalf of Isaiah Martin after the
Crittenden County Circuit Court revoked his probation.
Pursuant to Anders v. California, 386 U.S. 738
(1967), and Rule 4-3(k) of the Rules of the Supreme Court and
Court of Appeals, Martin'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, which addresses all objections and
motions decided adversely to Martin, 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
Martin with a copy of his counsel's brief and notified
him of his right to file a pro se statement of points for
reversal, but he submitted no points. We affirm the circuit
court's revocation of Martin's probation and grant
counsel's motion to withdraw.
October 2014, Martin was charged with battery in the second
degree, a Class D felony. The following May, he entered a
negotiated plea of guilty and was sentenced to three
years' probation. He signed the conditions of suspended
sentence or probation, requiring him to report to his
probation officer as directed, cooperate with the probation
office, and not use or possess illegal drugs, among other
December 29, 2015, the State filed a petition to revoke his
probation, alleging that he had failed to pay his
court-ordered fines, fees, and costs as directed; failed to
report to probation as directed; failed to pay probation
fees; failed to notify the sheriff and the probation office
of his current address and employment; failed to live a
law-abiding life and maintain good behavior without violating
any state, federal, or municipal law; and tested positive for
THC, heroin, and opiates on July 2, 2015. A hearing was held
on September 1, 2016, at which an employee of the Crittenden
County Sheriff's Department testified that Martin had not
made any payments toward his court-ordered fines, fees, and
costs. She testified that he owed $1, 170.
Clements testified that she is Martin's probation officer
through the Arkansas Department of Community Correction. She
testified that Martin began probation on May 22, 2015, but
remained incarcerated on other charges until June 16, 2015.
Although Martin reported in June, July, and August, he failed
to report after that. She testified that the next time she
saw Martin was in August 2016, when he was in jail. Clements
also testified that Martin tested positive for THC, alcohol,
and opiates on July 2, 2015.
testified that, although he did not come in to report, Martin
called her in September 2015 and told her he was in the
hospital after having been "jumped." Clements told
Martin to file a police report and to bring her that report
along with documentation from the hospital. He never did so.
Clements stated that she then tried several times to contact
him by phone and by mail but could not reach him. After his
arrest in August 2016, Martin told Clements that he had been
out of state, living in Ohio.
testified that he is married and is the father of two young
children. He stated that he was currently serving ninety days
in jail for failure to appear for a court hearing. He
testified that, after beginning his probation, he worked for
Paschall Truck Line, but that he had only had enough money to
support his wife and children, who were living with her aunt.
He stated that he was homeless. He stated that he didn't
have any money to pay his fines, fees, or costs. Martin also
testified that on August 27, 2015, his ankle was broken when
he was attacked by a group of young men while picking up his
son. He stated that they shot out his car window and beat
him. He said that as a result of his incarceration and the
attack, he had developed anxiety and panic attacks and had
become paranoid. His doctor prescribed Seroquel. He stated
that, although Clements had instructed him to report the
incident to the police, he could not do so due to fear of
retaliation. He stated that "they shot up my wife's
granny's house" and "these dudes got guns and
they're crazy shooting." He said that, because he
was afraid for his life, he "disappeared" to Ohio.
When he finally returned to West Memphis, his wife called the
police and reported him "so we could get this
stated that he could now pay his fines, fees, and costs
because his wife just got a lump-sum payment from the army
that could cover it. However, he also testified that he
didn't have the ability to pay but would get a job and
testified that the reason he had stopped reporting to
Clements was that she scared him off when she told him to
report the beating to the police or she would find him in
closing arguments, Martin's attorney conceded that Martin
had failed to make payments as required but argued that he
was unable to pay based on lack of financial means. The
attorney also argued that the court should place Martin back
on probation instead of revoking his probation, so that he
could remedy the problems by getting current on his payments
and living a law-abiding life. The court found Martin in
violation, revoked his probation, and sentenced him to four
is a no-merit appeal, counsel is required to list each ruling
adverse to the defendant and to explain why each adverse
ruling does not present a meritorious ground for reversal.
Anders, 386 U.S. at 744; Ark. Sup. Ct. R. 4-3(k)(1);
Eads v. State, 74 Ark.App. 363, 365, 47 S.W.3d 918,
919 (2001). The test is not whether counsel thinks the trial
court committed no reversible error but whether the points to
be raised on appeal would be wholly frivolous.
Anders, 386 U.S. at 744; Eads, 74 Ark.App.
at 365, 47 S.W.3d at 919. Pursuant to Anders, we are
required to determine of ...