[Copyrighted Material Omitted]
FROM THE SEBASTIAN COUNTY CIRCUIT COURT, FORT SMITH DISTRICT
[NO. 66FCR-18-421], HONORABLE STEPHEN TABOR, JUDGE
Natural State Law, PLLC, by: Jarred W. Kibbey, for appellant.
Rutledge, Atty Gen., by: Jason Michael Johnson, Asst Atty
Gen., for appellee.
R. ABRAMSON, Judge
Sebastian County Circuit Court jury convicted Martha Rosario
Gonzales of possession of methamphetamine with the purpose to
deliver, possession of hydrocodone, possession of drug
paraphernalia, and possession of marijuana. 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, Gonzaless
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. Gonzales was notified of her
right to file pro se points for reversal via certified mail.
Gonzales has filed pro se points, and the State has filed a
response. We affirm the convictions and grant counsels
motion to withdraw.
March 27, 2018, the State charged Gonzales with possession of
methamphetamine with the purpose to deliver, possession of
hydrocodone, possession of drug paraphernalia, and possession
of marijuana. On July 26, the State amended the criminal
information to charge Gonzales as a habitual offender
pursuant to Arkansas Code Annotated section 5-4-501(b) (Repl.
court held a jury trial on August 7. At trial, Bryan Stanley,
a narcotics detective with the Fort Smith Police Department,
testified that he arranged for a confidential informant to
engage in a controlled buy of methamphetamine from Rodney
Stringer. He explained that the informant contacted Stringer
and that Stringer sent Gonzales to perform the transaction.
Stanley testified that Gonzales met the informant and that he
(Stanley) monitored their meeting by audio feed. He explained
that Gonzales and the informant discussed further purchases
of methamphetamine. He stated that after the meeting, another
officer detained and arrested Gonzales in her car. Stanley
then went to the traffic stop and spoke with Gonzales. He
explained that he asked Gonzales whether she had anything
that she did not want "to get caught with at jail,"
and Gonzales retrieved several items from her pants.
Sergeant Wayne Barnett testified that he stopped Gonzales in
her car after the controlled buy. He explained that he
immediately removed the passenger from the car and secured
him. He testified that he located a purse in the drivers
side of the
car where Gonzales was sitting and that the purse contained a
bag of marijuana and empty Ziploc bags. He further testified
that Gonzales retrieved hydrocodone pills and methamphetamine
from her pants. Barnett stated that in his experience, the
bags found on Gonzales were the type used to package illegal
George, an employee of the Fort Smith Police Department vice
and narcotics unit, testified that he assisted in the traffic
stop of Gonzales. He stated that money found on Gonzales
matched money that was given to the confidential informant
for the controlled buy. He further ...