Derrick Owens v. State of Arkansas

ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

DIVISION II

DERRICK OWENS,

APPELLANT

v.

STATE OF ARKANSAS,

APPELLEE

CACR03-60

JANUARY 21, 2004

APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT,

SIXTH DIVISION,

(NO. CR2001-30)

HON. DAVID BOGARD, JUDGE

AFFIRMED

Sam Bird, Judge

In separate bench trials both held on May 28, 2002, Derrick Owens was convicted of robbery and of failure to appear. He was sentenced as a habitual offender to ten years' imprisonment on the robbery conviction and to six years for failure to appear, the sentences to run consecutively in the Arkansas Department of Correction. He now appeals the robbery conviction.

Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(j) of the Rules of the Arkansas Supreme Court, Allen's counsel has filed a motion to withdraw on the grounds that the appeal is without merit. The motion is accompanied by a brief discussing all matters in the record that might arguably support an appeal, and a statement as to why counsel considers each point raised as incapable of supporting a meritorious appeal. Owens was provided with a copy of his counsel's brief and was notified of his right to file points for reversal within thirty days. On June 5, 2003, we granted his request for a thirty-day extension of time in which to respond, but he did not respond within this extended period. The State has informed this court that, because Owens failed to file any points for reversal, it does not intend to file a brief regarding his appeal.

Arkansas Supreme Court Rule 4-3(j)(1) requires that the argument portion of counsel's brief must list "all rulings adverse to the defendant" and must explain why each is not a meritorious ground for reversal. In his brief, appellant's counsel has addressed the rulings that were adverse to Owens and has explained why these rulings do not constitute a meritorious ground for appeal.

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

Conviction affirmed; counsel's motion to withdraw granted.

Stroud, C.J., and Pittman, J., agree.