Benny F. Edwards II v. State of Arkansas

ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

DIVISION III

BENNY F. EDWARDS II

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR03-637

June 30, 2004

APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, SECOND DIVISION

[NO. CR2002-2559]

HON. CHRISTOPHER C. PIAZZA,

JUDGE

AFFIRMED

John Mauzy Pittman, Judge

Benny F. Edwards II was found guilty at a bench trial of third-degree domestic battery, second offense. He was sentenced as a habitual offender to five 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 and addendum of the proceedings below, 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 no statement.

From our review of the record and the brief 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.

Hart and Robbins, JJ., agree.