Robert Lee Trotter, Jr. v. State of Arkansas

Annotate this Case
ar01-306

ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

JOHN MAUZY PITTMAN, JUDGE

DIVISION III

ROBERT LEE TROTTER, JR.

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR01-306

October 9, 2002

APPEAL FROM THE HOWARD COUNTY CIRCUIT COURT

[NO. CR-2000-58]

HON. TED C. CAPEHEART,

JUDGE

AFFIRMED

The appellant was convicted of commercial burglary and misdemeanor theft of property. He was sentenced to twenty years in the Arkansas Department of Correction and fined $1,000.

Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(i) of the Rules of the Arkansas Supreme Court and Court of Appeals, appellant's attorney has filed a motion to withdraw as counsel on the ground that the appeal is wholly without merit. The motion is accompanied by an abstract and brief referring to everything in the record that might arguably support the appeal, including all motions, objections, and requests decided adversely to appellant and a statement of reasons why none of those rulings would be a meritorious ground for reversal.

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 reversal within thirty days. Appellant filed such a statement, but his arguments all present questions that were either clearly outside the scope of the objections at trial and cannot be raised for the first time on appeal, were fully covered in his attorney's brief, or both.

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

Robbins and Bird, JJ., agree.

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