Daniel Terry Hood v. State of Arkansas

ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
 

DIVISION II

DANIEL TERRY HOOD,

APPELLANT

v.

STATE OF ARKANSAS,

APPELLEE

CACR03-437

JANUARY 14, 2004

APPEAL FROM THE PRAIRIE COUNTY CIRCUIT COURT,

NORTHERN DISCTRICT,

(NO. CR2002-9),

HON. BILL MILLS, JUDGE

AFFIRMED

Sam Bird, Judge

Appellant Daniel Terry Hood was found guilty of manufacturing marijuana. He was sentenced to five years' supervised probation, fined $750 plus court costs, and his driver's license was suspended for six months.

Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(j) of the Rules of the Arkansas Supreme Court, Hood's counsel has filed a motion to withdraw on the grounds that the appeal is wholly without merit. The motion is accompanied by an abstract and brief referring to all matters in the record that might arguably support an appeal, including all motions, objections, and requests decided adversely to Hood and a statement as to why counsel considers each point raised as incapable of supporting a meritorious appeal.

The clerk of this court provided Hood with a copy of his counsel's brief and notified him of his right to file pro se points for reversal within thirty days. Hood did not file points for reversal. The State has informed this court that, because Hood has 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. Appellant's counsel correctly notes that there were several rulings that were adverse to appellant at trial; however, none of them have any merit for reversal.

From our review of the record and the brief presented to us, we find that Hood's counsel has complied with Rule 4-3(j) and that the appeal is wholly without merit. Accordingly, counsel's motion to be relieved is granted, and the judgment of conviction is affirmed.

Affirmed and counsel's motion granted.

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