John Hewitt, Jr. v. State of Arkansas

ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

JOHN MAUZY PITTMAN, JUDGE

DIVISION II

JOHN HEWITT, JR.

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR01-976

May 1, 2002

APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT,

FIFTH DIVISION [NO. CR2000-3147]

HON. LEON JOHNSON,

CIRCUIT JUDGE

AFFIRMED

John Hewitt, Jr., was convicted at a jury trial of rape, for which he was sentenced to thirteen years in the Arkansas Department of Correction. Pursuant to Anders v. California, 386 U.S. 738 (1967), and Ark. Sup. Ct. R. 4-3(j), 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 by a brief in which counsel explains why there is nothing in the record that would support an appeal.

The clerk of this court provided 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 none of his arguments were raised to the trial court, and

they will not be considered for the first time on appeal. See Nichols v. State, 69 Ark. App. 212, 11 S.W.3d 19 (2000).

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 withdraw is granted, and the judgment of conviction is affirmed.

Stroud, C.J., and Roaf, J., agree.