Francisco Ramon Bravo v. State of Arkansas

ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

DIVISION II

CACR04-981

June 29 , 2005

FRANCISCO RAMON BRAVO

APPELLANT

v.

STATE OF ARKANSAS

APPELLEE

APPEAL FROM PULASKI COUNTY CIRCUIT COURT

[NO. CR 2003-864]

HONORABLE JOHN LANGSTON, CIRCUIT JUDGE

AFFIRMED

Andree Layton Roaf, Judge Appellant Francisco Ramon Bravo was convicted of aggravated robbery, misdemeanor fleeing, and third-degree battery. He was sentenced to twenty-two years' imprisonment for the aggravated robbery and one year of incarceration in the county jail for each misdemeanor conviction. The trial court ran the sentences concurrently.

Pursuant to Anders v. California, 368 U.S. 738 (1967), and Rule 4-3(j) of the Rules of Arkansas Supreme Court and Court of Appeals, Bravo's counsel filed a motion to withdraw as his attorney, alleging that this appeal is without merit. Counsel has also filed a brief in which he contends that all adverse rulings are abstracted and discussed. The clerk of this court furnished Bravo with a copy of counsel's brief and notified him of his right to file pro se points for reversal within thirty days. Bravo has filed no pro se points for reversal. We grant counsel's motion to withdraw and affirm Bravo's convictions.

On March 11, 2003, the State filed in Pulaski County Circuit Court a three-count information against Bravo. The State alleged Bravo committed the following three offenses: (1) the Class Y felony of aggravated robbery; (2) the Class C misdemeanor of fleeing; and (3) the Class Amisdemeanor of third-degree battery. On June 1, 2004, Bravo stood trial in Pulaski County Circuit Court with the judge sitting as the trier-of-fact.

The State introduced three witnesses to prove Bravo's guilt. The first witness was the victim, Won Man Yi. Yi is Korean and has difficulty speaking English. His testimony was difficult to understand and, at times, contradictory. He testified that he was the owner of Tom's Fish Market on Pike Avenue in North Little Rock. On December 20, 2002, he and his wife were inside the market and, after closing, Yi's wife unlocked the door and admitted a woman who then asked directions to a nightclub. When Yi went outside to show her the way, Bravo was waiting. He held a knife beside Yi's ear and told Yi to give him money. Yi further testified that Bravo punched him in the face. Yi did not give Bravo any money and resisted Bravo by removing his belt and trying to hit Bravo with it. Yi stated that Bravo ran away at that point. Yi identified State's Exhibit No. 1 as the knife that Bravo held on him, and Yi repeatedly identified Bravo as the man who robbed him.

The State's second witness was North Little Rock Police Officer Todd Spafford. Officer Spafford testified that, on the morning in question, he was dispatched to investigate a reported robbery at Tom's Fish Market. He encountered Bravo about one block from Tom's Fish Market. Bravo ran away from him and onto the Pike Plaza Shopping Center parking lot, where Officer Spafford took him into custody. When Officer Spafford searched the area where he had initially seen Bravo, he found a large knife and a gray sweatshirt.

The State's third witness was North Little Rock Police Detective Scott Armstrong, who took a custodial statement from Bravo. Detective Armstrong made an audiotape of Bravo's statement and this tape was played at trial for the judge. Bravo admitted in this statement that he and his cousin, a woman named Brittany, discussed robbing a "catfish place." Bravo further admitted that, after Brittany began asking questions of Yi, he walked up and "socked the guy [Yi]." Bravo stated that after he hit Yi, Yi took off his belt and tried to hit him. After Bravo's taped statement was played for the judge, Detective Armstrong testified that Bravo told him, before making the taped statement, that he had demanded money from the owner of the restaurant (Yi).

At the close of the State's case, defense counsel moved to dismiss the aggravated robbery charge and the misdemeanor fleeing charge. The trial court denied the motion. Bravo testified in his own defense. After the defense rested its case, defense counsel renewed the motion to dismiss only the aggravated robbery charge, and the trial court denied the motion.

The trial court found Bravo guilty of each of the three counts. It sentenced Bravo to twenty-two years' imprisonment for the aggravated robbery. For the Class A misdemeanor of third-degree battery and the Class C misdemeanor of fleeing, Bravo was sentenced by the trial court to one year of incarceration in the county jail for each conviction. The trial court ran all of Bravo's sentences concurrently to each other.

Bravo's counsel asserts that there are no non-frivolous issues of law or fact that would support reversal of Bravo's convictions. Counsel has abstracted and discussed all four adverse rulings. The first ruling abstracted and discussed is when the trial court overruled Bravo's objection to the State leading the victim during his testimony on direct examination. The second adverse ruling is an evidentiary ruling. The third adverse ruling abstracted and discussed is where the trial court overruled Bravo's motion for a directed verdict. The final adverse ruling abstracted and discussed is Bravo's sentence for the Class C misdemeanor of fleeing. We agree with Bravo's counsel that there would be no merit to an appeal on any of these issues. From a review of the record and the brief presented to this court, we find compliance with Rule 4-3(j) of the Rules of the Arkansas Supreme Court and Court of Appeals, and pursuant to the Anders procedural blueprint, we find no basis for reversal. Accordingly, we grant counsel's request to withdraw as Bravo's attorney and affirm the conviction.

Affirmed.

Griffen and Glover, JJ., agree.