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Bohanon v. State

Court of Appeals of Arkansas, Division IV

January 15, 2020

JERMAINE BOHANON, APPELLANT
v.
STATE OF ARKANSAS, APPELLEE

Page 93

          APPEAL FROM THE CRITTENDEN COUNTY CIRCUIT COURT. NO. 18CR-14-897. HONORABLE JOHN N. FOGLEMAN, JUDGE.

         COUNSEL:

          Bart Ziegenhorn, for appellant.

           LARRY D. VAUGHT, Judge. VIRDEN and GLADWIN, JJ., agree.

          OPINION

Page 94

         LARRY D. VAUGHT, Judge

          This is a no-merit appeal filed on behalf of Jermaine Bohanon following the Crittenden County Circuit Court's revocation of his suspended imposition of sentence (SIS). Bohanon's counsel filed a timely notice of appeal followed by a no-merit 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) (2018), along with a motion to be relieved as counsel asserting that there is no issue of arguable merit on appeal. We affirm and grant counsel's motion to withdraw.

          On December 22, 2014, Bohanon pled guilty to possession of a controlled substance, a Class C felony, and furnishing, possessing, or using prohibited articles, a Class B felony. He was sentenced to six years' imprisonment in the Arkansas Department of Correction (ADC) and seventy-two months' SIS.

         The State filed a petition to revoke Bohanon's SIS on April 1, 2019, alleging that he had violated its terms and conditions by committing the new offenses of possession of a controlled substance, possession of a firearm, simultaneous possession of firearms and drugs, and possession of drug paraphernalia. At the revocation hearing, the arresting officer testified that on April 19, 2018, he stopped a vehicle driven by Randy Mangum. Because the officer detected a strong odor of marijuana from the car, he removed the passengers from the car and advised that he would be conducting a search of the vehicle. The officer located a backpack on the front floorboard of the car, which he had observed under Bohanon's legs when Bohanon had been seated in the front passenger seat. In the bag he found seventy-six grams of marijuana, twelve grams of powder cocaine, 1.661 grams of rock cocaine, eight pills of codeine, and eight pills of cyclobenzaprine. The bag also contained a black .44-magnum handgun, a digital scale, Bohanon's identification card, and his Social Security card.

          Bohanon testified that the backpack was not his. He stated that he had previously lost his wallet after riding in the same car about two weeks prior to being pulled over. He also stated that he didn't know the backpack was in the car prior to being stopped and that he was unaware of its contents.

          The court found that Bohanon had violated the terms and conditions of his SIS and sentenced him to 180 months' incarceration

Page 95

in the ADC. This no-merit appeal ...


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