Joshua Brumley v. State of Arkansas
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DIVISION I
ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
JOSEPHINE L INKER H ART, Judge
CACR05-571
June 28, 2006
JOSHUA BRUMLEY
APPELLANT
APPEAL FROM THE SHARP COUNTY
CIRCUIT COURT
[NO. CR-04-85, CR-04-87]
HONORABLE HAROLD S. ERWIN,
CIRCUIT JUDGE
V.
AFFIRMED; MOTION GRANTED
STATE OF ARKANSAS
APPELLEE
According to the judgment and disposition order filed July 12, 2004, the circuit court
placed appellant, Joshua Brumley, on probation for five years after he pleaded guilty to the
crimes of Class D felony breaking or entering and Class B felony theft of property. On
March 4, 2005, the State filed a petition to revoke appellant’s probation, alleging that he had
violated the terms and conditions of his probation by incurring additional criminal charges
and by failing to report to his probation officer. According to a judgment and commitment
order filed April 11, 2005, the circuit court revoked appellant’s probation and sentenced him
to six years’ imprisonment on the breaking or entering and seven years’ imprisonment on the
theft of property, with the sentences to run concurrently.
On appeal, appellant’s counsel has filed a motion and a brief asserting that any appeal
of appellant’s revocation would be wholly without merit and asking that he be allowed to
withdraw as counsel. The requirements for withdrawal of counsel for a defendant in a
criminal case are set out in Anders v. California, 386 U.S. 738 (1967), and Arkansas
Supreme Court Rule 4-3(j)(1) (2006). Under the rule, when a notice of appeal has been filed
and counsel seeks to withdraw on the basis that the appeal is wholly without merit, counsel
must submit to this court a brief that contains all circuit-court rulings adverse to appellant and
that explains why each adverse ruling is not a meritorious ground for reversal.
After reviewing the record and counsel’s brief, abstract, and addendum, we agree that
the appeal is wholly without merit. Further, in accordance with Arkansas Supreme Court
Rule 4-3(j)(2), appellant was provided a copy of counsel’s brief, but he did not, as he was
entitled to do under the rule, submit any pro se points for reversal. We hold that counsel has
complied with Rule 4-3(j)(1), and accordingly, we affirm appellant’s probation revocation
and grant counsel’s motion to withdraw.
Affirmed; motion to withdraw as counsel is granted.
P ITTMAN, C.J., and G RIFFEN, J., agree.
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CACR05-571
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