APPEAL
FROM THE MILLER COUNTY CIRCUIT COURT. NO. 46CR-16-129.
HONORABLE BRENT HALTOM, JUDGE.
COUNSEL:
Phillip
A. McGough, P.A., by: Phillip A. McGough, for appellant.
One
brief only.
KENNETH S. HIXSON, Judge. HARRISON and MURPHY, JJ.,
agree.
OPINION
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KENNETH S. HIXSON, Judge
Appellant Evelyn Seamster pleaded guilty to possession of
cocaine, and on August 2, 2016, the trial court entered a
sentencing order placing Seamster on six years'
probation. Seamster's written conditions of probation
required her to report to her probation officer as directed
and to pay a fine of $2000 and other costs at a rate of $60
per month. Seamster's conditions also prohibited her from
using or possessing controlled substances.
On
April 2, 2018, the State filed a petition to revoke
Seamster's probation, alleging that she violated her
conditions by failing to report to probation, failing to pay
her fine and costs, and testing positive for cocaine. After a
revocation hearing held on March 19, 2019, the trial court
found that Seamster violated her conditions as alleged by the
State. On March 26, 2019, the trial court entered a
sentencing order revoking Seamster's probation and
sentencing her to six years in prison. Seamster now appeals
from the revocation of her probation. We affirm.
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), Seamster's counsel has filed a
motion to be relieved on the grounds that this appeal is
wholly without merit. Seamster's counsel's motion was
accompanied by a brief discussing all matters in the record
that might arguably support an appeal, including any
objections and motions made by appellant and denied by the
trial court, and a statement of the reason each point raised
cannot arguably support an appeal. Seamster was provided with
a copy of her counsel's brief and notified of her right
to file pro se points for reversal, but she has not filed any
points.
Seamster's probation officer, Sharnell Yolanda Huff,
testified that the primary reason for filing the petition to
revoke Seamster's probation was because she had quit
reporting. Huff testified that Seamster last reported to
probation on October 26, 2017. Seamster was directed to
report again in November 2017, but she failed to report then
or at any time thereafter.
Huff
also testified about Seamster's other probation
violations. Huff stated that Seamster tested positive for
cocaine on August 15, 2017. Huff further stated that
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Seamster had made no payments toward her fine and
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