Corrie Derell Thomas v. State of Arkansas
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ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
JOHN MAUZY PITTMAN, CHIEF JUDGE
DIVISION I
CACR07-395
CORRIE DERELL THOMAS
APPELLANT
V.
June 25, 2008
APPEAL FROM MISSISSIPPI
COUNTY CIRCUIT COURT [NO.
CR-05-218 AND CR-01-20]
HON. VICTOR HILL,
JUDGE
STATE OF ARKANSAS
APPELLEE
MOTION TO WITHDRAW DENIED;
REBRIEFING ORDERED
Appellant’s probation in two cases was revoked after the trial court found that appellant
had violated the conditions of his release by being in a drinking establishment and committing
battery. He was sentenced to ten years’ imprisonment. Appellant’s attorney has filed a
motion to be relieved as counsel on the ground that the appeal is without merit. We deny
the motion at this time and remand for rebriefing.
To withdraw as counsel for a defendant in a criminal case after a notice of appeal has
been filed on the basis that an appeal is without merit, an attorney must comply with the
requirements set by Anders v. California, 386 U.S. 738 (1967), and Arkansas Supreme Court
Rule 4-3(j). The rule requires that such a motion to be relieved be accompanied by an
abstract, addendum, and brief containing a list of all adverse rulings made by the circuit court
on all objections, motions, and requests, and an explanation why there is no meritorious
ground for reversal of each adverse ruling.
Appellant’s attorney has not complied with the rule. The record, at page 71, contains
an adverse ruling to an objection that has neither been abstracted nor discussed. We cannot
affirm appellant’s conviction in the absence of any discussion of an adverse ruling, Brady v.
State, 346 Ark. 298, 57 S.W.3d 691 (2001), and consequently we must order rebriefing. See
id.
Motion to withdraw denied; rebriefing ordered.
GLADWIN and MARSHALL, JJ., agree.
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CACR07-395
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