FROM THE ASHLEY COUNTY CIRCUIT COURT. NO. 02CR-17-195.
HONORABLE SAM POPE, JUDGE.
Law Office, by: Gary W. Potts, for appellant.
Rutledge, Att'y Gen., by: Karen Virginia Wallace,
Ass't Att'y Gen., for appellee.
MURPHY, Judge. HARRISON and HIXSON, JJ., agree.
jury trial, appellant Timothy Miller was convicted of three
counts of delivery of methamphetamine within 1000 feet of a
school (two for less than two grams, one for more than two
grams but less than ten grams), use of a communication device
in commission of a drug offense, and fleeing. Miller was
sentenced to fifty years in the Arkansas Department of
this no-merit appeal, Miller's appellate attorney has
filed a brief pursuant to Anders v. California, 386
U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and
Arkansas Supreme Court Rule 4-3(k)(1) (2019),
seeking to withdraw as counsel on the basis that there is no
merit to an appeal.
April 3, 2019, Miller filed pro se points pursuant to Rule
4-3(k)(2), alleging ten points for reversal. Those points
include challenges to the sufficiency of the evidence and
arguments regarding double jeopardy, ineffective assistance
of counsel, due process, and evidentiary rulings. The State
has filed a brief in response to each of Miller's points
as required by Rule 4-3(k)(3). We affirm as modified and
grant counsel's motion to withdraw.
request to withdraw on the ground that the appeal is wholly
without merit shall be accompanied by a brief including an
abstract and addendum. Ark. S.Ct. R. 4-3(k)(1) ; Furo v.
State, 2018 Ark.App. 23, at 2. The brief shall 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. Furo, 2018 Ark.App.
23, at 2. This framework ensures that indigents are afforded
their constitutional rights. Id. In furtherance of
the goal of protecting these constitutional rights, it is the
duty of both counsel and this court to perform a full
examination of the proceedings and decide if an appeal would
be wholly frivolous. Id.
compliance with the directives in Anders and Rule
4-3(k)(1), counsel for Miller contends that he has thoroughly
examined the circuit court record of this proceeding and
found no error that would support an appeal. As required by
Rule 4-3(k), the reasons the adverse rulings provide no
meritorious grounds for appeal are discussed in the brief.
first of these adverse rulings are the denials of the motions
for directed verdict regarding each of the charges.
unlawful for a person to deliver methamphetamine. Ark. Code
Ann. § 5-64-422(a) (Repl. 2016). Delivery of less than two
grams by aggregate weight, including an adulterant or
diluent, is a Class C felony; delivery of two grams or more,
but less than ten grams, is a Class B felony. Ark. Code Ann.
§ 5-64-422(b)(1) & (2) (Repl. 2016). Under Arkansas Code
Annotated section 5-64-411(a), a person is subject to an
enhanced sentence of an additional term of imprisonment of
ten years if such a drug delivery is committed on or within
1,000 feet of the real property of a school. It is further
unlawful that a person use ...