David Thompson v. State of Arkansas

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ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

ar04-373

DIVISION III

DAVID THOMPSON

APPELLANT

v.

STATE OF ARKANSAS

APPELLEE

CACR04-373

JUNE 29, 2005

APPEAL FROM THE MISSISSIPPI COUNTY CIRCUIT COURT

[NO. CR-03-6]

HONORABLE CHARLES DAVID BURNETT, CIRCUIT JUDGE

AFFIRMED

Karen R. Baker, Judge

On May 23, 2003, David Thompson pled guilty to the offense of terroristic threatening in Mississippi County Circuit Court and was placed on probation for thirty-six months. A petition to revoke appellant's probation was filed on August 14, 2003, alleging that on June 18, 2003, July 24, 2003, and July 25, 2003, appellant delivered a controlled substance. On November 13, 2003, the trial judge found that appellant had violated the conditions of his probation and sentenced him to seventy-two months' imprisonment in the Arkansas Department of Correction. 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 grounds that the appeal is without merit. This motion is accompanied by an abstract and brief referring to everything in the record that might arguably support an appeal.

The clerk of this court furnished appellant with a copy of his counsel's brief and notified him of his right to file a list of pro se points on appeal within thirty days. Appellant filed a briefaddressing issues that are raised for the first time on appeal. The State submitted a brief responding to the issues raised in appellant's pro se list of points on appeal.

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 be relieved is granted and the judgment of conviction is affirmed.

Affirmed. Gladwin and Neal, JJ., agree.