Marcus Conery v. State of Arkansas

ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

DIVISION IV

CACR03-986

February 1, 2006

MARCUS CONERY AN APPEAL FROM THE JEFFERSON

APPELLANT COUNTY CIRCUIT COURT

v. [CR-2000-650-2-5]

STATE OF ARKANSAS HONORABLE FRED D. DAVIS III,

APPELLEE JUDGE

AFFIRMED; COUNSEL'S MOTION GRANTED

Olly Neal, Judge

Appellant Marcus Conery is a convicted felon housed in the Tucker Unit of the Arkansas Department of Correction. On February 3, 2000, appellant was found to be in possession of a "shank." He was subsequently charged and convicted of possession or use of a weapon by an incarcerated person. We affirm.

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 the ground that this appeal is wholly without merit. The motion was accompanied by a brief purportedly discussing all matters in the record that might arguably support an appeal, including the adverse rulings, and a statement as to why counsel considers each point raised as incapable of supporting a meritorious appeal. Appellant was provided with a copy of his counsel's brief and notified of his right to file pro se points for reversal. Appellant elected not to file points for reversal.

In an unpublished opinion dated January 12, 2005, we denied counsel's motion to be relieved and ordered rebriefing because appellant's counsel's brief failed to comply with Rule 4-3(j). Appellant's counsel has now filed a substitute brief.

From our review of the record and counsel's brief, we conclude that there has been compliance with Rule 4-3(j) and that the appeal is without merit. Accordingly, counsel's motion to be relieved is granted, and appellant's sentence is affirmed.

Affirmed.

Hart and Bird, JJ., agree.