Albert Sims v. State of Arkansas

ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

DIVISION I

ALBERT SIMS

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR03-155

January 12, 2005

APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, FOURTH DIVISION

[NO. CR 2002-2175]

HON. JOHN LANGSTON,

JUDGE

AFFIRMED

JOHN MAUZY PITTMAN, Chief Judge

Albert Sims was charged with aggravated robbery, a Class Y felony, and theft of property, a Class A misdemeanor. After a jury trial, he was found guilty of those offenses and was sentenced to terms of ten years' and one year imprisonment. 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, including all objections, motions, and requests decided adversely to appellant, 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 a statement in which he argues that the evidence was insufficient to prove certain elements of the crimes of which he was convicted and that the trial court erred in not instructing the jury on lesser-included offenses. However, none of appellant's points were preserved for appeal by motion or request at trial. See Tester v. State, 342 Ark. 549, 30 S.W.3d 99 (2000) (motion for directed verdict must apprise trial court of specific basis for motion, and party cannot change grounds for his objection on appeal); Willis v. State, 334 Ark. 412, 977 S.W.2d 890 (1998) (appellant must request and proffer jury instruction at trial to preserve argument for appeal). As such, none of his arguments can be considered here.

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 withdraw is granted and the judgment of conviction is affirmed.

Crabtree and Roaf, JJ., agree.