FROM THE LAFAYETTE COUNTY CIRCUIT COURT [NOS. 37CR-16-2,
37CR-16-3] HONORABLE CARLTON D. JONES, JUDGE
Phillip A. McGough, P.A., by: Phillip A. McGough, for
BRANDON J. HARRISON, Judge
Lafayette County Circuit Court revoked Quinton Rashad
Brown's probation and sentenced him to five years'
imprisonment. Pursuant to Anders v. California, 386
U.S. 738 (1967), and Rule 4-3(k)(1) of the Rules of the
Arkansas Supreme Court and Court of Appeals, Brown's
attorney has filed a no-merit brief, along with a motion to
withdraw as counsel, asserting that there is no issue of
arguable merit for an appeal. Brown was notified of his right
to file pro se points for reversal via certified mail, but he
has not done so. We affirm the revocation and grant
counsel's motion to withdraw.
January 2016, Brown was charged with two counts of delivery
of methamphetamine or cocaine (CR-2016-2 and CR-2016-3).
Brown pled guilty to both charges and received two sentences
of five years' probation to run concurrently. The
conditions of Brown's probation required that he not
commit a criminal offense punishable 1 by imprisonment and
that he "not use, sell, distribute, or possess any
controlled substance, or associate with any person who is
participating in or known to participate in the illegal use,
sale, distribution or possession of controlled
substances." In May 2017, the State petitioned to revoke
Brown's probation in both cases, alleging that he had
failed to report to the supervising officer, failed to pay
court-ordered financial obligations, and failed to pay
probation-supervision fees. Brown once again entered a guilty
plea, and his probation was reinstated.
August 2017, the State again petitioned to revoke Brown's
probation, alleging that he had committed the offense of
breaking or entering, committed the offense of commercial
burglary along with two other convicted felons, failed to pay
court-ordered financial obligations, and failed to pay
probation supervision fees. In September 2017, the State
amended its petition to revoke, alleging that Brown had also
committed the offenses of possession of marijuana with intent
to deliver, fleeing, driving on a suspended driver's
license, and reckless driving.
circuit court convened a revocation hearing on 22 September
2017. Officer Jason Tomlin, the chief of police for the
Lewisville Police Department, testified that he knew Brown
and had arrested him several times. Tomlin explained that on
30 July 2017, he saw Brown driving with a passenger and knew
that Brown had a suspended license; so he (Tomlin) got behind
Brown and initiated a traffic stop. Instead of stopping,
Brown sped away, and while following Brown, Tomlin observed
Brown making movements with his left hand and then jumping
from the driver's seat into the backseat. The passenger
then moved over to the driver's seat and stopped the car.
Tomlin smelled a strong odor of marijuana in the car and
observed a bag containing a large amount of a green, leafy
substance weighing 1.86 ounces. Brown was arrested for
possession of marijuana with intent to deliver. On
cross-examination, Tomlin clarified that Brown was also cited
for reckless driving, fleeing, driving on a suspended
license, window tint, and no insurance.
Clay Rayburn, a Lafayette County probation officer, testified
that Brown had reviewed and signed the conditions of his
probation. Rayburn also explained that the State had
petitioned to revoke Brown's probation based on the July
30 charges and a failure to pay fines and fees.
Hill, the passenger in Brown's car on July 30, testified
that he had been driving that day and that he and Brown had
not switched seats. He also testified that he owned the
marijuana that was found in the car.
oral ruling, the circuit court noted that another court had
found probable cause to charge Brown with possession of a
controlled substance with purpose to deliver. Based on that
fact and the testimony presented at the hearing, the circuit
court found, by a preponderance of the evidence, that Brown
had violated the law and was therefore in violation of his
probation. Brown was sentenced to two terms of five
years' imprisonment, to run concurrently. He has timely
appealed his sentences.
appeal of a revocation, we review whether the circuit
court's findings are clearly against the preponderance of
the evidence. Jones v. State, 2013 Ark.App. 466. To
revoke probation, the State has the burden of proving by a
preponderance of the evidence that a condition of probation
was violated. Id. Evidence that is insufficient to
support a criminal conviction may be sufficient to support a
revocation. Joiner v. State, 2012 Ark.App. 380.
of just one violation of the terms and conditions of release
is sufficient to support revocation. Richardson v.
State, 85 Ark.App. 347, 157 S.W.3d 536 (2004).
counsel argues that there are no meritorious grounds for
appeal and asks to withdraw as counsel. A request to withdraw
because the appeal is wholly without merit must be
accompanied by a brief that contains a list of all rulings
adverse to appellant and an explanation as to why each ruling
is not a meritorious ground for reversal. Ark. Sup. Ct. R.
4-3(k)(1). The brief must contain an argument section that
consists of a list of all rulings adverse to the defendant
made by the circuit court on all objections, motions, and
requests made by either party with an explanation as to why
each adverse ruling is not a meritorious ground for reversal.
Id. In deciding whether to allow counsel to withdraw
from appellate representation, the ...