Mark Livingston v. State of Arkansas

Annotate this Case
ca04-912

ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

DIVISION II

MARK LIVINGSTON

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CA04-912

March 2, 2005

APPEAL FROM THE OUACHITA COUNTY CIRCUIT COURT

[NO. J-04-44]

HON. EDWIN A. KEATON,

CIRCUIT JUDGE

AFFIRMED; MOTION TO WITHDRAW GRANTED

Josephine Linker Hart, Judge

Mark Livingston was adjudicated a delinquent in Ouachita County Circuit Court for committing the offense of criminal mischief. He was placed on juvenile probation for one year and ordered to make restitution and perform twenty hours of community service. 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, Livingston's counsel has filed a motion to withdraw on grounds that the appeal is without merit. The clerk of this court attempted to furnish appellant with a copy of his counsel's brief and a notification that he has a right to file a pro se brief within thirty days. The packet was mailed to the address of Livingston's mother, with whom he resides; however, it was returned with a notation from the post office that delivery had twice been attempted, but it was unclaimed. The State has not filed a brief.

Livingston's counsel's motion was accompanied by an abstract and brief referring to everything in the record that might arguably support an appeal. No objections were made, and our review of the record has uncovered no procedural irregularities. The adjudication was based on eyewitness testimony from the victim, Livingston's former step-father Faymond Sams, Jr., and a bystander, Thomas J. Jefferson, Jr., who was not acquainted with Livingston prior to the incident. We hold that there is a substantial basis for affirming the adjudication and that any argument based on the merits of the adjudication would be wholly frivolous.

From our review of the record and the briefs presented to us, we find that there was compliance with Rule 4-3(j) and that the appeal is without merit. Accordingly, we grant counsel's motion to withdraw and affirm the adjudication of delinquency.

Affirmed.

Motion to withdraw granted.

Glover and Neal, JJ., agree.