Lawanna Ray v. State of Arkansas

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ar03-671

ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

DIVISION III

LAWANNA RAY

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR03-671

June 30, 2004

APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT

[NO. CR 99-4768]

HONORABLE BARRY ALAN SIMS,

CIRCUIT JUDGE

AFFIRMED

Josephine Linker Hart, Judge

On December 30, 1999, the State filed a felony information alleging that on October 28, 1999, appellant, Lawanna Ray, committed the crime of filing a false police report. According to a judgment and disposition order filed July 19, 2000, appellant entered a negotiated plea of guilty, was placed on probation for thirty-six months, ordered to pay courts costs, and fined $300.

On March 7, 2002, the State filed a petition for revocation alleging that appellant violated the conditions of her probation. A second order was filed July 18, 2002, indicating that appellant entered a negotiated plea of guilty, was returned to her previous sentence, fined $200, ordered to pay court costs, and "committed on previous fines and [court costs]." The State filed a second petition for revocation on December 10, 2002, again alleging that appellant violated the terms of her probation. On March 10, 2003, a judgment and commitment order was filed indicating that, following a hearing on March 3, 2003, the court revoked appellant's probation, sentenced her to six years' imprisonment, and ordered her to pay a fine of $1,000.1

Pursuant to Anders v. California, 386 U.S. 738 (1967), and Ark. Sup. Ct. R. 4-3(j) (2004), appellant's counsel has filed a motion to withdraw as counsel, alleging that this appeal is wholly without merit. Counsel has filed a brief listing all rulings adverse to appellant and explaining why each adverse ruling does not present a meritorious ground for reversal. Counsel also has prepared an abstract and addendum containing all rulings adverse to appellant along with other material parts of the record. The clerk of this court furnished appellant with a copy of counsel's brief and notified her of her right to file a pro se statement of points for reversal within thirty days. Appellant did not respond.

After reviewing the record and counsel's brief, abstract, and addendum, we agree that the appeal is wholly without merit. Thus, we grant the motion to withdraw as counsel and affirm appellant's probation revocation.

Affirmed.

Pittman and Robbins, JJ., agree.

1 Appellant committed the crime of filing a false police report after April 15, 1999, the effective date of Act 1569 of 1999. Pursuant to that act, trial courts are authorized to modify original court orders and add penalties to those orders up to the statutory limits. See Moseley v. State, 349 Ark. 589, 594-95, 80 S.W.3d 325, 327-28 (2002).