Calvin LaShawn Campbell v. State of Arkansas

DIVISION I

ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

WENDELL L. GRIFFEN, JUDGE

CACR00-543

January 31, 2001

CALVIN LASHAWN CAMPBELL AN APPEAL FROM PULASKI

APPELLANT COUNTY CIRCUIT

[CR99-514]

V. HON. JOHN LANGSTON, JUDGE

STATE OF ARKANSAS

APPELLEE AFFIRMED

Calvin LaShawn Campbell was convicted of residential burglary and battery in the first degree, and sentenced to serve twenty years' imprisonment on each count. Pursuant to Rule 4-3(j)(1) of the Arkansas Supreme Court Rules and, Anders v. California, 386 U.S. 738 (1967), his counsel subsequently filed an Anders brief asserting that there were no non-frivolous issues to support an appeal and requesting permission to withdraw. The clerk of this court furnished appellant a copy of his counsel's brief and notified him that he had thirty days to raise any points for reversal.

Appellant filed points for reversal with the clerk who, in turn, served the response on the State. The State then filed a reply brief. After a review of the record, we agree that thereare no non-frivolous points to support an appeal. Therefore, we affirm appellant's conviction and grant counsel's request to withdraw.

On December 10, 1998, the police responded to a 911 emergency call from 1605 Chandler. Upon arrival, officer Terry Martin discovered J.N., who was nine months pregnant at the time of the incident, sitting on the front porch with her upper torso covered in blood and with numerous stab wounds about her head and neck. She told Martin that appellant had broken into her home and stabbed her. Martin noticed that a front window was broken and that there was furniture turned over in front of the window. After entering the residence, Martin discovered a trail of blood that led into an upstairs bedroom, where J.N's one-year-old child sat on a blood-stained bed. Blood was also on the floor, walls, and surrounding furniture. Martin found a bent blade of a knife at the base of the stairs and the handle of the same knife at the top of the stairs. J.N. was taken to the hospital and reported appellant had raped her. She received twenty-three to twenty-five stitches for one stab wound and approximately four or five stitches for another wound. The officers went to appellant's home where they recovered a pair of tennis shoes that had blood on the toe of the left shoe. Appellant was arrested and charged with rape, residential burglary, and first-degree battery.

At the conclusion of the evidence, the jury found appellant guilty of residential burglary and first-degree battery. The jury was unable to reach a verdict on the rape charge and the court declared a mistrial on that count. Following the penalty phase, appellant was sentenced to serve two consecutive twenty-year prison terms in the Arkansas Departmentof Correction and a $15,000 fine on each count.

Arkansas Supreme Court Rule 4-3(j)(1) requires that counsel seeking to withdraw on the grounds that an appeal is without merit must file a brief that lists all rulings that were adverse to the defendant, and state why the adverse rulings are not grounds for reversal. This procedure is mandated by Anders, supra. When considering whether to grant a motion to withdraw, we determine whether the points raised on appeal are wholly frivolous. See Tucker v. State, 47 Ark. App. 96, 885 S.W.2d 904 (1994). Here, counsel for appellant analyzes the adverse rulings and contends that none present an issue for appeal. In addition, appellant contends in his points for reversal that his counsel was ineffective because counsel failed to subpoena a transcription of the telephone call he placed to J.N. before he went to her home.

We have reviewed the record and agree that there are no meritorious issues to appeal. In addition, we note that the record demonstrates that appellant did not raise his ineffective assistance of counsel claim below, either during the trial or in a motion for new trial. Therefore, we may not consider his claim on direct appeal. See Dodson v. State, 326 Ark. 637, 934 S.W.2d 198 (1996) (declining to reach merits of defendant's ineffective assistance of counsel argument because he failed to make his argument during the trial or in his motion for a new trial). Accordingly, we affirm appellant's conviction and grant counsel's motion to withdraw.

Affirmed.

Hart and Bird, JJ., agree.