Randy Pankey v. State of Arkansas

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ARKANSAS COURT OF APPEALS NOT DESIGNATED FOR PUBLICATION KAREN R. BAKER, JUDGE DIVISION I CACR06-492 JUNE 27, 2007 RANDY PANKEY APPELLANT APPEAL FROM THE MILLER COUNTY CIRCUIT COURT [CR2004-361-2] v. HONORABLE JAMES SCOTT HUDSON JR., JUDGE STATE OF ARKANSAS APPELLEE AFFIRMED; MOTION TO BE RELIEVED GRANTED Appellant, Randy Pankey, was convicted of second-degree sexual assault by a jury in Miller County Circuit Court. He was sentenced to 240 months in the Arkansas Department of Correction and a fine of $15,000. 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 list of points on appeal within thirty days. Appellant did not file a list of pro se 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 wholly without merit. Accordingly, counsel’s motion to withdraw is granted, and the conviction is affirmed. Affirmed; Motion to be relieved granted. B I R D a n d V A U G H -2- T , J J . , a g r e e .

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