Jeff Chandler v. State of Arkansas

ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

DIVISION IV

JEFF CHANDLER

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR 03-200

JANUARY 14, 2004

APPEAL FROM THE MISSISSIPPI COUNTY CIRCUIT COURT

[NO. CR-2001-1461(B)]

HONORABLE CHARLES DAVID BURNETT, JUDGE

AFFIRMED

Terry Crabtree, Judge

Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(j) of the Rules of the Arkansas Supreme Court and Court of Appeals, appellant's counsel has filed a motion to withdraw on the ground that this appeal is wholly without merit. The motion was accompanied by a brief discussing all matters in the record that might arguably support an appeal, including the adverse rulings, and a statement as to why counsel considers each point raised as incapable of supporting a meritorious appeal. Appellant was provided with a copy of his counsel's brief and notified of his right to file a list of points on appeal within thirty days. Appellant filed no points. Appellant's counsel asserts that there were no adverse rulings by the trial court beyond the disposition of the case. We affirm.

On June 7, 2001, the State charged the appellant, Jeff Chandler, with residential burglary, a class B felony, and with attempted theft of property, a class D felony. On December 18, 2001, the Mississippi Chickasawba County Circuit Court held a non-jury trial, found appellant guilty of residential burglary, and sentenced him to twenty years' imprisonment with ten years suspended. The evidence introduced at trial established that on April 30, 2001, appellant entered an unoccupied house located at 226 E. Davis, Blytheville, Arkansas, by breaking a window and attempting to take copper piping. A neighbor observed and reported the incident to police who responded and arrested appellant inside the house. The testimony revealed that, while in the house, appellant damaged a water heater and plumbing under the kitchen sink. He also caused water damage to the carpet.

At trial, defense counsel made a directed-verdict motion regarding the charge of attempted theft of property, and the circuit court granted it. However, defense counsel did not request a directed verdict in regard to appellant's charge for residential burglary. Arguments not raised in the circuit court will not be addressed for the first time on appeal. Cook v. State, 76 Ark. App. 447, 453, 68 S.W.3d 308, 313 (2002).

Appellant made no other motions or requests below. Other than the disposition of this matter, the trial court made no other adverse rulings. Based upon our review of the record and the brief presented to this court, we conclude that there has been full compliance with Rule 4-3(j) and that the appeal is without merit. Counsel's motion to be relieved is granted and the judgment is affirmed.

Affirmed.

Robbins and Vaught, JJ., agree.