Boen v. State
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ARKANSAS COURT OF APPEALS
DIVISION I
No.
CACR08-588
JEFFREY L. BOEN,
Opinion Delivered 1
JULY 2009
APPELLANT
APPEAL FROM THE JOHNSON COUNTY
CIRCUIT COURT,
[NO. CR2006-102]
V.
THE HONORABLE JAMES D. KENNEDY,
JUDGE
STATE OF ARKANSAS,
APPELLEE
REBRIEFING ORDERED
D.P. MARSHALL JR., Judge
A jury convicted Jeffrey Boen of theft of property and first-degree criminal
mischief. On his theft conviction, Boen was sentenced to fifteen years in the
Arkansas Department of Correction and ordered to pay a $15,000.00 fine. And he
was sentenced to one year in the Johnson County Jail and assessed a $1,000.00 fine
on his first-degree criminal mischief conviction. Boen’s lawyer has filed a no-merit
brief pursuant to Anders v. California, 386 U.S. 738 (1967) and Arkansas Supreme
Court Rule 4-3(k)(1). This brief purports to list all of the adverse rulings and to
explain why none have merit. Boen filed a list of pro se points for reversal. Boen’s
lawyer has also moved to withdraw.
We must order rebriefing. The governing rule requires counsel to list “all”
adverse rulings and explain why each ruling would not warrant reversal. Ark. Sup.
Ct. R. 4-3(k)(1). The precedent requires full compliance with the rule. E.g., Brady
v. State, 346 Ark. 298, 302, 57 S.W.3d 691, 694 (2001); Brown v. State, 85 Ark. App.
382, 393–94, 155 S.W.3d 22, 29 (2004). Boen’s attorney missed two adverse rulings.
First, the prosecutor objected during Boen’s attorney’s closing argument. And the
circuit court sustained this objection. Second, after sentencing, Boen’s attorney asked
the circuit court to allow Boen’s initial bond of $10,000.00 to stand, but the circuit
court refused and set Boen’s appeal bond at $50,000.00. Counsel should file a new
brief within thirty days that also addresses these adverse rulings.
Rebriefing ordered.
HART and GLOVER, JJ., agree.
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