Marshall Oliver v. State of Arkansas

ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

LARRY D. VAUGHT, JUDGE

DIVISION IV

MARSHALL OLIVER

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR 01-931

July 3, 2002

APPEAL FROM THE GARLAND COUNTY CIRCUIT COURT

[NO. CR-99-94 I]

HON. JOHN HOMER WRIGHT,

CIRCUIT JUDGE

AFFIRMED

Appellant, Marshall Oliver, appeals from a decision of the Garland County Circuit Court finding him in willful violation of his probation and sentencing him to six years' imprisonment in the Arkansas Department of Correction with an additional suspended term of four years.

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 was accompanied by a brief discussing matters in the record that might arguably support an appeal and a statement as to the reason counsel considers that the points raised would not arguably support an 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 Rule 4-3(j), and that the appeal is without merit. Accordingly, counsel's motion to withdraw is granted and the revocation is affirmed.

Hart and Roaf, JJ., agree.