Page 74
APPEAL
FROM THE CRAWFORD COUNTY CIRCUIT COURT [NOS. 17CR-09-315,
17CR-12-241, 17CR-13-50], HONORABLE GARY COTTRELL, JUDGE
Lisa-Marie Norris, for appellant.
One
brief only.
OPINION
RAYMOND
R. ABRAMSON, Judge
The
Crawford County Circuit Court revoked Michael Dyes suspended
sentences in case numbers CR-09-315, CR-12-241, and CR-13-50,
and sentenced him to 144 months imprisonment and 96 months
suspended sentence. Pursuant to Anders v.
California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493
(1967), and Rule 4-3(k)(1) of the Rules of the Arkansas
Supreme Court and Court of Appeals, Dyes 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. Dye 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 counsels motion to withdraw.
On
March 1, 2010, Dye pled guilty to possession of
methamphetamine in case number CR-09-315. The court sentenced
him to 24 months in a regional correctional facility (RCF)
followed by 96 months suspended sentence. His suspended
sentence was conditioned on good behavior.
On
March 7, 2013, the State filed a petition to revoke Dyes
suspended sentence in case number CR-09-315. The State
alleged that Dye had committed the new offenses of theft of
property, residential burglary, and failure to appear in case
number CR-12-241 and second-degree forgery in case number
CR-13-50.
On
March 13, 2013, Dye pled guilty to the charges of theft of
property, residential burglary, and failure to appear in case
number CR-12-241 and second-degree forgery in case number
CR-13-50. The court sentenced him to 24 months in an RCF and
120 months suspended sentence. His suspended sentence was
conditioned on good behavior.
On
June 27, 2017, the State filed a petition to revoke Dyes
suspended sentence in case numbers CR-09-315, CR-12-241, and
CR-13-50. In the petition, the State alleged that on June 14,
2017, Dye had committed the offenses of felon in possession
of a firearm, possession of methamphetamine, and possession
of drug paraphernalia. The State charged him as a habitual
offender. The court set a revocation hearing for August 23,
but Dye did not appear for the hearing.
On
September 14, the State amended its petition to revoke to
allege that Dye had failed to appear for the August 23
revocation hearing. The State further alleged that on July 2,
Dye had committed the offense of fleeing on foot in case
number VAS-17-1789, and that on July 27, Dye had failed to
appear in that case.
The
court held a second revocation hearing on September 20. At
the beginning of the hearing, Dye requested a continuance due
to health issues. The court inquired whether Dye had a
doctors note, and Dye responded that he did not. The court
then denied the continuance, noting that the hearing had
already been continued once due to Dyes failure to appear.
Page 75
At the
conclusion of the hearing, the court found that Dye had
violated the terms and conditions of his suspended sentence
by failing to appear for the August revocation hearing and by
committing the offense of felon in possession of a firearm.
As previously stated, the court sentenced him to 144 ...