FROM THE ASHLEY COUNTY CIRCUIT COURT [NO. 02CR-16-154]
HONORABLE ROBERT BYNUM G I BS O N, JR., JUDGE
Law Office, by: Gary W. Potts, for appellant.
appeals from the circuit court's revocation of his
probation. Appellant's counsel has filed a no-merit brief
and a motion to be relieved, pursuant to Anders v.
California,  and Arkansas Supreme Court Rule 4-3(k),
stating that there are no meritorious grounds to support an
appeal. The clerk mailed a certified copy of counsel's
motion and brief to appellant, informing him of his right to
file pro se points for reversal. Appellant has failed to file
pro se points for reversal. We affirm and grant counsel's
motion to be relieved.
August 8, 2016, appellee filed an information for one count
of terroristic act, a Class Y felony; and one count of
first-degree battery, a Class B felony. A sentencing order
was entered on April 18, 2017, showing that appellant entered
a negotiated plea to aggravated assault for which he was
sentenced to seventy-two months' probation in addition to
payment of court costs and fees. He was also ordered to pay
restitution of $1, 247.53 for which he was jointly and
severally liable with a codefendant. The conditions of
appellant's probation, which were signed by appellant,
were filed on the same date.
October 16, 2017, appellee filed a petition to revoke
asserting that appellant had willfully violated the terms and
conditions of his probation. An attached violation report
stated that appellant had evaded supervision and failed to
report and was being charged with absconding. It also stated
that appellant had tested positive for alcohol, marijuana,
and cocaine on August 23, 2017; and owed $105 on his
supervision fees as of September 29, 2017.
circuit court entered an order for dismissal of the matter on
June 27, 2018, as "suggested" by appellee.
Appellant had served fifty days in the county jail. An order
modifying his conditions of probation was entered on the same
date stating that his probation was being modified in that he
was thereby sentenced to fifty days in the county jail as an
additional condition of his probation, but that he was
receiving fifty days' credit for time served. Appellant
was also ordered to pay all outstanding monies owed at a rate
of $100 per month.
filed a petition to revoke on August 9, 2018, asserting that
appellant had willfully violated the terms and conditions of
his probation. An attached violation report stated that
appellant had evaded supervision, failed to report, and was
being charged with absconding. It also stated that he had
committed new felonies on May 2, 2018, in addition to
restating violations listed in the October 16, 2017 petition
revocation hearing was held on September 17, 2018, following
which a sentencing order was entered on September 18, 2018,
showing that appellant was found guilty of aggravated assault
and sentenced to thirty-six months' imprisonment in the
Arkansas Department of Correction (ADC). He was also ordered
to begin installment payments of $100 per month on all monies
owed within sixty days of his release from the ADC. The
circuit court also entered a separate order, where not
duplicative of the sentencing order, specifically finding
that appellant "[had] violated the terms and conditions
of probation previously entered herein in that he [had]
failed to report as directed by his probation officer and
[had] failed to pay costs and fees assessed herein as
ordered." 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 hold 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 be relieved granted.