Roy Edward Franklin v. State of Arkansas

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ar03-583

ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

DIVISION II

ROY EDWARD FRANKLIN

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR03-583

JUNE 30, 2004

APPEAL FROM THE CRITTENDEN COUNTY CIRCUIT COURT

[NO. CR-1996-14]

HONORABLE GERALD E. PEARSON,

CIRCUIT JUDGE

AFFIRMED

Karen R. Baker, Judge

At a revocation hearing, appellant Roy Edward Franklin's suspended sentence for possession of a controlled substance was revoked and he was sentenced to seven years in prison. 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 grounds that the appeal is without merit. This motion is accompanied by an abstract and brief referring to everything in the record that might 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 pro se points for reversal within thirty days. Although appellant filed pro se points for reversal, those points only addressed issues that were either wholly outside the record, raised for the first time on appeal, fully covered in his counsel's brief, or otherwise not preserved for appellate review.

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 be relieved is granted and the judgments of conviction are affirmed.

Affirmed.

Vaught and Roaf, JJ., agree.