Kevin Powell v. State of Arkansas

ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

JOHN B. ROBBINS, CHIEF JUDGE

DIVISION II

KEVIN POWELL

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR 99-521

OCTOBER 4, 2000

APPEAL FROM THE CONWAY

COUNTY CIRCUIT COURT

[NO. CR 98-140]

HONORABLE PAUL EDWARD

DANIELSON, CIRCUIT JUDGE

AFFIRMED

Appellant Kevin Powell was convicted in a jury trial of first-degree sexual abuse. He was sentenced to ten years in prison and fined $10,000. Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(j) of the Arkansas Supreme Court, appellant's counsel filed a motion to withdraw on the grounds that the appeal is without merit. Mr. Powell was notified within thirty days of his right to file a pro se statement of points on appeal, but he filed no such statement. In an unpublished opinion dated February 2, 2000, we ordered rebriefing. In our opinion, we noted that the trial court denied appellant's motion for a new attorney and appellant's motion in limine to exclude certain witnesses and evidence, and that appellant's counsel failed to adequately explain why each of these adverse rulings is not a meritorious

ground for reversal. Therefore, we directed appellant's counsel to file a new brief addressing these issues.

On rebriefing, appellant's counsel has complied with our order and addressed the two adverse rulings, and has explained why neither provides a meritorious ground for reversal. Based on our review of the record and the most recent brief presented by appellant's counsel, we conclude that there has been full compliance with Rule 4-3(j) and that the appeal is without merit. Appellant's counsel's motion to be relieved is granted and the judgment is affirmed.

Affirmed.

Crabtree and Meads, JJ., agree.