FROM THE LOGAN COUNTY CIRCUIT COURT, NORTHERN DISTRICT [NO.
42PCR-17-183] HONORABLE JERRY D. RAMEY, JUDGE
N. Jeffrey, Attorney at Law, by: Robert N. Jeffrey, for
J. GLADWIN, JUDGE
Videl Graham was sentenced to five years in the Arkansas
Department of Correction (ADC) by the Logan County Circuit
Court following the revocation of his probation. He filed a
timely notice of appeal, but his attorney filed a motion to
withdraw and a no-merit brief pursuant to Anders v.
California, 386 U.S. 738 (1967), and Rule 4-3(k)(1)
(2019) of the Rules of the Arkansas Supreme Court and Court
of Appeals. Counsel asserts that there is no issue of
arguable merit for an appeal. The clerk of this court
furnished Graham with a copy of his counsel's brief and
notified him of his right to file pro se points; Graham did
not file any points. We affirm the revocation and grant
counsel's motion to withdraw.
was placed on probation for sixty months for possession of
drug paraphernalia, a Class D felony, on July 27, 2018. The
State filed a petition to revoke Graham's probation on
October 26, 2018, alleging Graham had violated certain terms
and conditions of probation.
a hearing on the petition, Officer Chris Hayden of the Paris
Police Department testified that Graham was in possession of
two baggies containing a white crystal substance and a green
leafy substance. A report from the state crime lab was
offered into evidence, and it indicated that the white
crystal substance was methamphetamine. Probation Officer Paul
Clifford testified that Graham did not report to the
probation office on October 4, 2018. Denise Kremers, deputy
clerk, for the Logan County Sheriff's Office, testified
that Graham has an outstanding balance of $1, 575 and made
only one payment of $45.50 on October 4, 2018.
circuit court found by a preponderance of the evidence that
Graham had possessed methamphetamine; failed to report his
arrest to his probation officer; failed to timely pay his
supervision fees, fines, and costs; and failed to report as
directed in violation of the terms and conditions of his
probation. The circuit court revoked Graham's probation
and sentenced him to five years in the ADC pursuant to the
sentencing order filed on March 8, 2019. This no-merit appeal
court reviews the circuit court's findings to determine
if they are clearly against the preponderance of the
evidence, leaving any credibility calls and determinations of
the weight of evidence to the finder of fact. Brown v.
State, 2019 Ark.App. 325. To revoke a probationary
sentence, the State has the burden of proving by a
preponderance of the evidence that a condition of the
probationary sentence was violated. Id. at 4.
Evidence that is insufficient to support a criminal
conviction may be sufficient to support a revocation.
Id. Proof of just one violation of the terms and
conditions of release is sufficient to support revocation.
request to withdraw because the appeal is wholly without
merit must be accompanied by a brief that contains a list of
all rulings adverse to Graham and an explanation as to why
each ruling is not a meritorious ground for reversal. Ark.
Sup. Ct. R. 4-3(k)(1). The brief must 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. Id. In deciding
whether to allow counsel to withdraw from appellate
representation, the test is not whether counsel thinks the
circuit court committed no reversible error but whether the
points to be raised on appeal would be wholly frivolous.
Brown v. State, 2018 Ark.App. 367, 553 S.W.3d 787.
Pursuant to Anders, supra, we are required
to determine whether the case is wholly frivolous after a
full examination of all the proceedings. T.S. v.
State, 2017 Ark.App. 578, 534 S.W.3d 160.
compliance with the directive in Anders,
supra, and Rule 4-3(k)(1), counsel for Graham has
thoroughly examined the circuit court record of this
proceeding but 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
his brief. Counsel indicates that there were six rulings
adverse to Graham: (1) the circuit court denied Graham's
motion for a continuance prior to the start of the revocation
hearing; (2) the circuit court overruled Graham's
objection to the probation officer's testimony that
Graham was initially sanctioned for admitted use of
methamphetamine because it was not in the State's
petition to revoke as a ground for revocation; (3) Graham
objected and moved for dismissal due to the lack of testimony
as to when his probation began, both of which were overruled
or denied; (4) the circuit court sustained the State's
objection to hearsay testimony by Graham; (5) the circuit
court granted the State's petition to revoke and
sentenced Graham to sixty months in the ADC; and (6) the
circuit court denied Graham's request to speak to his
reviewed the record and the brief presented, we conclude that
there has been compliance with Rule 4-3(k)(1), there are no
nonfrivolous issues that support an appeal in this case, and
this appeal is without merit. Consequently, appellant's
counsel's motion to be relieved is granted, and the
judgment is affirmed.
motion to ...