Carl Eugene Johnson v. State of Arkansas

ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

LARRY D. VAUGHT, JUDGE

DIVISION I

CARL EUGENE JOHNSON

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR 01-05

June 27, 2001

APPEAL FROM THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS

[CR-00-697]

HON. JOHN PLEGGE,

CIRCUIT JUDGE

AFFIRMED

Appellant, Carl Johnson, appeals from a decision of the Pulaski County Circuit Court finding him guilty of residential burglary and theft of property. The trial court sentenced appellant to eight years' imprisonment on each count, to be served concurrently in the Arkansas Department of Correction.

Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(j) of the Arkansas Rules of the Supreme Court and Court of Appeals, appellant's counsel has filed a motion to withdraw on grounds that the appeal is wholly without merit. The motion is accompanied by an abstract of the proceedings below, including all objections and motions decided adversely to appellant, and a brief which counsel explains why there is nothing in the record to support the appeal. The clerk of this court furnished appellant with a copy of his counsel's brief and notified him of his right to file a pro se statement of points for appeal within thirty days. Appellant did not file a statement.

From our review of the record and the brief presented to us, we find compliance with Rule4-3(j), and that the appeal is without merit. Accordingly, counsel's motion to withdraw is granted and the judgment of conviction is affirmed.

Hart and Neal, JJ., agree.