Marcus A. Barney, Sr. v. State of Arkansas
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DIVISION I
ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
JOHN MAUZY PITTMAN, CHIEF JUDGE
CACR04-622
June 21, 2006
MARCUS A. BARNEY, SR.
APPELLANT
APPEAL FROM THE DREW COUNTY
CIRCUIT COURT
[NO. CR2003-83-3]
HON. ROBERT B. GIBSON, JR.,
JUDGE
V.
AFFIRMED
STATE OF ARKANSAS
APPELLEE
Marcus A. Barney, Sr., was convicted after a jury trial of aggravated robbery,
possession of a firearm by a felon, and theft of property, for which he was sentenced as a
habitual offender to terms of twenty, fifteen, and ten years’ imprisonment, respectively. The
sentences for aggravated robbery and possession of a firearm were ordered to be served
consecutively. Pursuant to Anders v. California, 386 U.S. 738 (1967), and Ark. Sup. Ct. R.
4-3(j), appellant’s counsel has filed a motion to withdraw on grounds that the appeal is
wholly without merit. The motion is accompanied by an abstract and addendum of the
proceedings below, including all objections and motions decided adversely to appellant, and
a brief in which counsel explains why there is nothing in the record that would support an
appeal.
The clerk of this court provided 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 arguments all either present issues that were not
preserved for appeal by objection below or that are fully covered in his counsel’s brief. The
State has filed a brief in which it concurs that appellant’s appeal is without merit.
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 wholly without merit. Accordingly, counsel’s motion to
withdraw is granted, and the convictions are affirmed.
H ART and G RIFFEN, JJ., agree.
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CACR04-622
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