Thurman Cagle, Jr. v. State of Arkansas

ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

JOHN B. ROBBINS, JUDGE

DIVISION IV

THURMAN CAGLE, JR.

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR 00-219

JANUARY 17, 2001

APPEAL FROM THE FRANKLIN

COUNTY CIRCUIT COURT,

NORTHERN DISTRICT,

[NO. CR-99-42]

HONORABLE JOHN S. PATTERSON,

CIRCUIT JUDGE

AFFIRMED

Appellant Thurman Carlos Cagle pleaded guilty to possession of methamphetamine, a Class C felony. A jury was impaneled and a sentencing hearing was held. The jury was properly instructed that the sentencing range was from three to ten years, and it sentenced Mr. Cagle to three years in prison.

Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(j) of the Rules of the Arkansas Supreme Court and Court of Appeals, Mr. Cagle's counsel has filed a motion to withdraw on the grounds that the appeal is without merit. Counsel's motion was accompanied by a brief in which it is correctly asserted that there were no adverse rulings from which any meritorious appeal could have been taken. Mr. Cagle was provided with a copy of his counsel's brief and given an opportunity to raise points on his own behalf, but has

failed to do so. Consequently, the State has not filed a brief.

Based on our review of the record and the briefs presented to this court, we conclude there has been full compliance with Rule 4-3(j) and that the appeal is without merit. Mr. Cagle's counsel's motion to be relieved is granted and the judgment is affirmed.

Affirmed.

Stroud, C.J., and Roaf, J., agree.