Lynn Eugene Young v. State of Arkansas

ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

KAREN R. BAKER, JUDGE

DIVISION III

LYNN EUGENE YOUNG

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR00-956

NOVEMBER 14, 2001

APPEAL FROM THE IZARD COUNTY CIRCUIT COURT

[NO. CR1997-42]

HONORABLE JOHN DAN KEMP, JR. CIRCUIT JUDGE

AFFIRMED

On January 10, 2000, appellant, Lynn Eugene Young, entered a plea agreement in the Izard County Circuit Court and was placed on probation. Part of the agreement required that appellant abide by the laws of the State of Arkansas. After a hearing on May 23, 2000, the Honorable John Dan Kemp, Jr. revoked the probation of appellant stating that there was sufficient evidence that the appellant committed the violation of harassing communications and terroristic threats. The court found that the appellant had called his girlfriend's sister several times and made threats against her life and property. As a result of the probation being revoked, Judge Kemp sentenced the appellant to twenty-four months for being a felon in possession of a firearm; thirty-six months for theft by receiving, and sixty-six months for failure to appear. Based on a prior record of felonies, all sentences were to run consecutive for a total of one hundred and twenty-six months in the Arkansas Department of Correction. The appellant received credit for two hundred twenty-five days servedin jail.

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 filed a motion to withdraw on grounds that the appeal is without merit. This motion is accompanied by an abstract and brief referring to everything in the record that might arguably support an appeal. The clerk of this court furnished appellant with a copy his counsel's brief and notified him of his right to file a pro se brief within thirty days. Appellant filed a brief addressing issues either fully covered in counsel's brief or raised for the first time on 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 be relieved is granted and the order of revocation is affirmed.

Affirmed.

Hart and Vaught, JJ., agree.