Mason v. State
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NOT DESIGNATED FOR PUBLICATION
ARKANSAS COURT OF APPEALS
DIVISION III
No. CACR08-408
Opinion Delivered
January 14, 2009
APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT,
SECOND DIVISION
[NO. CR-07-1780]
FREDERICK DWAYNE MASON
APPELLANT
V.
HONORABLE CHRISTOPHER
CHARLES PIAZZA, JUDGE
STATE OF ARKANSAS
APPELLEE
REBRIEFING ORDERED
LARRY D. VAUGHT, Chief Judge
Following a jury trial, appellant Frederick Dwayne Mason was found guilty of two
counts of aggravated robbery (with a firearm), two counts of theft of property (with a
firearm), second-degree battery, and being a habitual criminal. He was sentenced to fifty-five
years in the Arkansas Department of Correction.
Pursuant to Anders v. California, 386 U.S. 738 (1967), and Arkansas Supreme Court
Rule 4-3(j), Mason’s counsel has filed a motion to withdraw on the ground that the appeal
is wholly without merit. The motion is accompanied by an abstract of the proceedings below
and a brief in which counsel purportedly explains why there is nothing in the record that
would support an appeal. The clerk of this court provided Mason with a copy of his counsel’s
brief and notified him of his right to file a pro se statement of points for reversal. Mason did
not file a pro se brief.
1
We conduct a full examination of the proceedings to decide if the case is “wholly
frivolous” after Mason’s counsel submits a no-merit brief. Anders, 386 U.S. at 744. We
undertake this thorough review of the full record regardless of whether Mason identifies the
trial court’s errors. Our review of the record reveals that two adverse rulings were not
discussed in the no-merit brief. These omissions are violations of Anders and Arkansas
Supreme Court Rule 4-3(j). Therefore, we deny Mason’s counsel’s motion to withdraw and
remand for rebriefing so that counsel may file a compliant no-merit brief.
Rebriefing ordered.
H ART and M ARSHALL, JJ., agree.
2
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