FROM THE CRITTENDEN COUNTY CIRCUIT COURT [NO. 18CR-13-666]
HONORABLE CINDY THYER, JUDGE
C. Ginn, for appellant.
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.
California,  and Arkansas Supreme Court Rule 4-3(k),
stating that there are no meritorious grounds to support
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 has failed to file
any points for reversal. We affirm and grant counsel's
motion to withdraw.
August 5, 2013, appellant was charged with one count of
possession of a controlled substance. She pleaded guilty on
January 24, 2014, and was placed on seventy-two months'
probation, in addition to court costs and fees.
filed a petition to revoke appellant's probation on
August 19, 2014, alleging ten violations of her probation,
though we specifically note only her (1) failure to pay
fines, costs and fees as directed; (2) failure to report to
probation as directed; (3) failure to pay probation fees; (4)
4/5/2014 arrest for possession of drug paraphernalia; (5)
6/2/2014 arrest for possession of drug paraphernalia and
public intoxication; (6) 8/3/2014 arrest for possession of
drug paraphernalia; and (7) 8/2/2013 arrest for possession
and use of cocaine. In its October 20, 2014 sentencing order,
the circuit court sentenced appellant to ninety days in the
county jail in addition to being placed on probation until
January 24, 2020, along with court costs and fees.
filed a second petition for revocation of appellant's
probation on December 15, 2014, alleging (1) failure to pay
fines, costs, and fees as directed; (2) failure to report to
probation as directed; (3) failure to pay probation fees; and
(4) failure to notify the sheriff and probation officer of
her current address and employment. In its February 19, 2015
sentencing order, the circuit court sentenced appellant to
thirty days in the county jail and continued her probation to
January 24, 2020, as previously ordered.
filed its third petition for revocation of appellant's
probation on March 24, 2015, alleging the same four
violations from its December 15, 2014 petition in addition to
a violation for disorderly conduct, possession of drug
paraphernalia, carrying a weapon, and resisting arrest.
Appellant pleaded guilty on March 21, 2016, to possession of
a controlled substance. She signed lengthy terms and
conditions of her guilty plea and deferral to the Crittenden
County adult drug court; an order transferring her case to
the drug court was entered and she was admitted into the drug
court by separate order entered on the same date.
of the program, a March 21, 2016 order was entered ordering
appellant to enter a designated short-term residential
substance-abuse-treatment program for a period of 90 days.
This order was vacated in the circuit court's August 22,
2016 order, which stated that appellant had absconded from
the drug-court program, though it noted that she remains on
the "backup list."
filed its fourth petition to revoke appellant's probation
on October 13, 2016, alleging violations of her probation
that included (1) failure to pay fines, costs and fees as
directed; (2) failure to live a law-abiding life, be of good
behavior, and not violate any state, federal, or municipal
law; (3) committed the misdemeanor offense of public
intoxication; (4) committed the felony offense of possession
of drug paraphernalia on 9/21/2016; and, after pleading into
drug court, (5) failure to report to drug court and (6)
failure to report to the probation and parole division. A
hearing on appellee's petition was held on October 24,
2016, at the close of which appellant was sentenced to
forty-eight months' in the Arkansas Department of
Correction. A sentencing order reflecting the same was
entered on the same date. This timely appeal followed.
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. Counsel's brief adequately
covered all the adverse rulings as well as the revocation
itself. After carefully examining the record and the brief
presented to us, we find that counsel has complied with the
requirements established by the Arkansas Supreme Court for
no-merit appeals in criminal cases and conclude that the
appeal is wholly without merit.
motion to ...