Anthony Dewayne Lemons v. State of Arkansas

ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

DIVISION IV

CACR03-963

JUNE 30, 2004

ANTHONY DEWAYNE LEMONS AN APPEAL FROM THE PULASKI

APPELLANT COUNTY CIRCUIT COURT [CR02-3761]

v.

STATE OF ARKANSAS HONORABLE TIM FOX, JUDGE

APPELLEE

AFFIRMED

Olly Neal, Judge

The trial court sentenced appellant Anthony Dewayne Lemons as an habitual offender to twenty years imprisonment after he pleaded guilty to aggravated robbery and theft of property. The sentence was run concurrent with another conviction. 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 purportedly 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; he filed no points.

The only adverse ruling against the appellant was his subsequent conviction following his guilty plea. Because appellant pleaded guilty, he waived his right to appeal the validity of his guilty pleas to aggravated robbery and theft of property, although he may directly appeal the validity of the sentence that was imposed upon him. See Bradford v. State, 351 Ark. 394, 399, 94 S.W.3d 904, 907 (2003) (although Arkansas Rule of Appellate Procedure - Criminal 1(a) provides that "[e]xcept as provided in by ARCrP 24.3(b) there shall be no appeal from a plea of guilty," the supreme court has approved two additional exceptions to the rule: (1) an appeal relating to an issue involving testimony or evidence which occurred during a sentencing trial before a jury following a guilty plea; and (2) an appeal from a post-judgment motion to amend an incorrect or illegal sentence following a guilty plea).

Appellant was sentenced to twenty years' imprisonment for having committed aggravated robbery. That sentenced was enhanced because appellant was a habitual offender. Aggravated robbery is a Class Y felony, and the permissible range of imprisonment for a Class Y felon, who is being sentenced as a habitual offender with four or more prior felony convictions, is a sentence of not less than ten years nor more than life imprisonment. See Ark. Code Ann. §§ 5-12-103(b) (Repl. 1997); 5-4-501(b)(2)(A) (Supp. 2001). Appellant's sentence falls within this range.

The record has been reviewed in accordance with Rule 4-3(j) of the Rules of the Arkansas Supreme Court and Court of Appeals. We have concluded that this appeal is without merit. Accordingly, counsel's motion to be relieved is granted, and the judgment of conviction is affirmed.

Affirmed.

Stroud, C.J., and Crabtree, J., agree.