FROM THE CRITTENDEN COUNTY CIRCUIT COURT [NO. 18CR-15-318]
HONORABLE RALPH WILSON, JR., JUDGE
Butler Bernard, Jr., for appellant.
F. VIRDEN, JUDGE
Crittenden County Circuit Court revoked appellant Jamari
Kashard Moten's probation and sentenced him to twenty
years' imprisonment. Moten filed a timely notice of
appeal from the revocation. Defense counsel has filed a
motion to withdraw on the basis that there is no merit to an
appeal. Pursuant to Anders v. California, 386 U.S.
738 (1967), and Arkansas Supreme Court Rule 4-3(k),
counsel's motion to withdraw was accompanied by a brief
that lists all rulings that were decided adversely to Moten
with an explanation why each adverse ruling is not a
meritorious ground for appeal. Moten was provided with a copy
of counsel's brief and notified of his right to file pro
se points for reversal. Moten has not filed any pro se
points. We affirm the revocation of Moten's probation and
grant counsel's motion to withdraw.
August 6, 2015, Moten pleaded guilty to residential burglary
and was placed on five years' probation subject to
various terms and conditions. On February 1, 2017, the State
filed a petition to revoke Moten's probation, alleging
that he had failed to pay fines, costs, and fees; failed to
report to his probation officer; failed to pay probation
fees; failed to notify the probation office of his current
address and employment; failed to live a law-abiding life, be
of good behavior, and not violate any state, federal, or
municipal law; and tested positive for benzodiazepines, THC,
heroin/opiates, and oxycodone. On May 18, 2017, the State
amended its petition to add that on October 23, 2016, Moten
committed first-degree battery and second-degree unlawful
discharge of a firearm from a vehicle. Following a hearing on
the State's petition, the trial court found that Moten
had violated multiple conditions of his probation and
sentenced him to a term of imprisonment.
test for filing a no-merit brief is not whether there is any
reversible error but whether an appeal would be wholly
frivolous. Wright v. State, 2015 Ark.App. 300.
Defense counsel asserts that the only adverse ruling was the
trial court's denial of Moten's motion for directed
verdict. The burden on the State in a revocation
proceeding is to prove by a preponderance of the evidence
that the defendant inexcusably failed to comply with at least
one condition of his probation. Trotter v. State,
2015 Ark.App. 408, 465 S.W.3d 860.
there was testimony from Jennifer Clements, Moten's
probation officer, that Moten had failed to report to her at
least six times, that he had tested positive for controlled
substances on numerous occasions, and that he still owed $260
in probation fees. Anitra Thompson, an employee of the
Crittenden County Sheriff's Office, testified that Moten
owed $1, 040 in fines, costs, and fees but that he had made
no payments. Furthermore, Donaris Payne testified that in
October 2016 he was at a family barbeque when Moten pulled up
in a vehicle with two other men, asked if he wanted to buy
marijuana, and then shot him in the shoulder.
himself testified at the probation-revocation hearing. He
said that he had been paying his probation fees but had
forgotten about his fine and costs. He admitted that he had
failed to report to his probation officer "a lot of
times." Moten claimed that he had been prescribed
amphetamines and benzodiazepines for "bad teeth."
Finally, he insisted that he had not shot Payne-either Payne
was lying or had mistaken him for someone else.
counsel adequately explained why the adverse ruling-the
revocation of Moten's probation-does not provide a
meritorious ground for appeal. We find that defense counsel has
complied with Rule 4-3(k) and that the appeal is without
merit. Accordingly, we affirm the revocation of Moten's
probation and grant counsel's motion to withdraw.
motion to withdraw granted.
Gladwin and Whiteaker, JJ., agree.