Eric Perkins v. State of Arkansas

ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

DIVISION II

ERIC PERKINS

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR04-169

January 11, 2006

APPEAL FROM THE YELL COUNTY CIRCUIT COURT, SOUTHERN DISTRICT [NO. CR-2003-6]

HON. PAUL E. DANIELSON,

JUDGE

AFFIRMED

John Mauzy Pittman, Chief Judge

Appellant was sentenced to terms of imprisonment after being convicted of battery in the first degree, aggravated robbery, and criminal escape. 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 attorney has filed a motion to withdraw as counsel on the ground that the appeal is wholly without merit. The motion is accompanied by an abstract, brief, and addendum referring to everything in the record that might arguably support the appeal, including all motions, objections, and requests decided adversely to appellant and a statement of reasons why none of those rulings would be a meritorious ground for reversal.

The clerk of this court furnished 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 such a statement, but his argument consists of a plea for clemency and reduction of sentence, which we lack authority to grant and which must be addressed to the

executive branch. Parker v. State, 302 Ark. 509, 790 S.W.2d 894 (1990); Ashe v. State, 57 Ark. App. 99, 942 S.W.2d 267 (1997).

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.

Affirmed.

Griffen and Crabtree, JJ., agree.