FROM THE CRITTENDEN COUNTY CIRCUIT COURT. NO. 18CR-14-897.
HONORABLE JOHN N. FOGLEMAN, JUDGE.
Ziegenhorn, for appellant.
LARRY D. VAUGHT, Judge. VIRDEN and GLADWIN, JJ., agree.
D. VAUGHT, Judge
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.
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
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
court found that Bohanon had violated the terms and
conditions of his SIS and sentenced him to 180 months'
in the ADC. This no-merit appeal ...