Jerry Davis v. State of Arkansas

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ARKANSAS COURT OF APPEALS NOT DESIGNATED FOR PUBLICATION BRIAN S. MILLER, JUDGE DIVISION II CACR07-087 June 27, 2007 JERRY DAVIS v. AN APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT [CR2006-1608] STATE OF ARKANSAS APPELLEE HONORABLE JOHN W. LANGSTON, JUDGE APPELLANT AFFIRMED; MOTION TO WITHDRAW GRANTED Following a bench trial, appellant Jerry Davis was convicted of criminal attempt to commit rape and was sentenced to 168 months in the Arkansas Department of Correction. 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, Davis’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 neither point raised is capable of supporting a meritorious appeal. Davis was provided a copy of his counsel’s brief and notified of his right to file pro se points for reversal. Davis has elected not to file points for reversal. 2 From our review of the record and the brief presented to us, we find compliance with Rule 4-3(j) and that the appeal is without merit. Accordingly, counsel’s motion to withdraw is granted, and the judgment of conviction is affirmed. Affirmed. G LADWIN and M ARSHALL, JJ., agree. 3

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