James Lester Sanders, Jr. v. State of Arkansas

NOT DESIGNATED FOR PUBLICATION

ARKANSAS COURT OF APPEALS DIVISION IV

ANDREE LAYTON ROAF, Judge

JAMES LESTER SANDERS, JR.

APPELLANT

v.

STATE OF ARKANSAS

APPELLEE

CACR00-363

JANUARY 17, 2001

APPEAL FROM THE CRITTENDEN COUNTY CIRCUIT COURT,

CR98-188

HON. CHARLES DAVID BURNETT, JUDGE

AFFIRMED; MOTION TO WITHDRAW GRANTED

James Lester Sanders, Jr. pled guilty in Crittenden County Circuit Court to arson and was sentenced to two years in the Arkansas Department of Correction followed by five years suspended imposition of sentence. Among the conditions of his suspended sentence were requirements that Sanders live a law-abiding life, be of good behavior, and not violate any state, federal, or municipal law; report to his probation officer as directed; and pay fines and court costs. On November 3, 1999, the State petitioned to revoke Sanders's suspendedsentence, alleging that he violated these conditions. After a hearing, Sanders's suspended sentence was revoked and he was sentenced to five years in the Arkansas Department of Correction.

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, Sanders's counsel has filed a motion to withdraw on the grounds that there is no reversible error associated with the revocation proceeding. This motion was accompanied by a brief with an adequate abstract that demonstrated that Sanders's trial counsel made no objections and failed to move for a directed verdict at the close of the evidence as required by Rule 33.1 of the Arkansas Rules of Criminal Procedure and Miner v. State, 342 Ark. 283, 28 S.W.3d 280 (2000). Accordingly, we agree that any merit appeal would be wholly frivolous.

We note that pursuant to Rule 4-3(j) of the Rules of the Arkansas Supreme Court and Court of Appeals the clerk of this court furnished Sanders with a copy of his counsel's brief and notified him of his right to raise any points that he believed would support a merit appeal. Sanders has not submitted any points for our consideration.

Because Sander's trial counsel has satisfied the requirements of Rule 4-3(j) of the Rules of the Arkansas Supreme Court and Court of Appeals and the Anders procedural blueprint, we affirm the revocation of Sanders's suspended sentence and grant his motion to withdraw.

Affirmed; motion to withdraw granted.

Robbins, CJ., and Stroud, j., agree.