Davis v. State
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Cite as 2011 Ark. App. 428
ARKANSAS COURT OF APPEALS
DIVISION III
No. CACR10-935
Opinion Delivered
June 15, 2011
CHARLES DAVIS
APPELLANT
APPEAL FROM THE MISSISSIPPI
COUNTY CIRCUIT COURT
[NO. CR-2007-242]
V.
HONORABLE DAVID N. LASER,
JUDGE
STATE OF ARKANSAS
APPELLEE
MOTION TO WITHDRAW DENIED
WITHOUT PREJUDICE;
REBRIEFING ORDERED
JOHN MAUZY PITTMAN, Judge
Appellant, Charles Davis, pled guilty to delivery of cocaine in August 2008 and was
placed on probation for a period of five years. The State filed a petition to revoke appellant’s
probation in March 2010. After a hearing, appellant was found to have violated the conditions
of his probation and was sentenced to five years’ imprisonment. This appeal followed.
Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(k) of the Rules
of the Arkansas Supreme Court and Court of Appeals, appellant’s attorney has filed a motion
to withdraw as counsel on the ground that the appeal is wholly without merit. We must deny
the motion at this time. On page 4 of his abstract, appellant’s attorney informs us that he
objected below to the admission of evidence that appellant had been in the company of a man
named John Johnson, who assertedly was a convicted felon. According to the abstract,
Cite as 2011 Ark. App. 428
appellant objected on the ground that the revocation petition contained no allegation that
appellant had been with Johnson. While our review of the transcript shows that appellant’s
objection at the hearing was neither as clear nor as straightforward as his attorney’s summary
in his abstract, it does appear that an objection was made concerning the contents of the
revocation petition. However, appellant’s attorney has failed to discuss this procedural issue
in his Anders brief, which in this regard discusses instead only the sufficiency of the evidence
to support the finding that appellant had consorted with a convicted felon.
Our supreme court has expressly held that a no-merit brief in a criminal case that fails
to address an adverse ruling does not satisfy the requirements of Rule 4-3(k)(1) and that the
case must be rebriefed. Sartin v. State, 2010 Ark. 16. Therefore, we order counsel to file a
substituted abstract, brief, and addendum that complies with the rule within thirty days from
the date of this opinion.
Motion to withdraw denied without prejudice; rebriefing ordered.
V AUGHT, C.J., and W YNNE, J., agree.
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