Charles E. Glenn, Jr. v. State of Arkansas

ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

JOHN MAUZY PITTMAN, JUDGE

DIVISION II

CHARLES E. GLENN, JR.

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR00-366

January 24, 2001

APPEAL FROM THE CRITTENDEN COUNTY CIRCUIT COURT

[NO. CR93-748]

HON. CHARLES DAVID BURNETT,

CIRCUIT JUDGE

AFFIRMED

The appellant, Charles E. Glenn, pleaded guilty to first-degree battery in October 1993. The court withheld imposition of any sentence for a period of twenty years on written conditions, including the condition that appellant not violate any law. In December 1999, the prosecuting attorney filed a petition to revoke appellant's suspension, alleging that appellant had violated its conditions by, inter alia, battering two people. At the hearing, appellant admitted that he attacked and injured a man with a bottle and that he attacked and injured his girlfriend with a knife and screwdriver. The trial court revoked appellant's suspension and sentenced him to twenty 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, appellant's counsel has filed a motion to withdraw on grounds that the appeal is without merit. The motion is accompanied by an abstract of the proceedings below, including a list of objections decided adversely to appellant, and a brief in which counsel explains why there is nothing in the record that would support an appeal. The clerk of this court provided appellant with a copy of his counsel's brief and notified him of his right to file a pro se statement of points for reversal within thirty days. Appellant did not file a statement. The State concurs that there is no merit to the appeal.

From our review of the record and the briefs presented to us, we find compliance with Rule 4-3(j), and that the appeal is without merit. Accordingly, counsel's motion to withdraw is granted, and the order of revocation is affirmed.

Jennings and Neal, JJ., agree.