Fox v. State

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Cite as 2010 Ark. App. 22 ARKANSAS COURT OF APPEALS DIVISION III CACR09-344 No. Opinion Delivered January 13, 2010 APPEAL FROM THE CRITTENDEN COUNTY CIRCUIT COURT [NO. CR-2003-586] JAMIE DEACHELL FOX APPELLANT HONORABLE DAVID BURNETT, JUDGE V. STATE OF ARKANSAS AFFIRMED; MOTION TO BE RELIEVED GRANTED APPELLEE LARRY D. VAUGHT, Chief Judge On December 8, 2003, the circuit court placed appellant, Jamie Deachell Fox, on probation for sixty months after she pled guilty to the crime of possession of drug paraphernalia with intent to manufacture. On March 11, 2008, the State filed a petition to revoke appellant’s probation, alleging that she violated several conditions of her probation. Following a September 2, 2008 hearing in the matter, the circuit court revoked appellant’s probation after finding that she failed to pay the fines and fees associated with her release; possessed drug paraphernalia with the intent to manufacture methamphetamine; possessed methamphetamine; and associated with known felons. The court sentenced her to ten years’ imprisonment in the Arkansas Department of Correction. Appellant filed her timely notice of appeal on September 25, 2008. Pursuant to Anders v. California, 386 U.S. 738 (1967), and Ark. Sup. Ct. R. 4-3(k), 1 Cite as 2010 Ark. App. 22 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 sent appellant a certified copy of his counsel’s brief and motion to be relieved and informed her that she had the right to file pro se points for reversal. Appellant did not file any pro se points. From our review of the record and the brief presented to us, we hold that appellant’s counsel complied with Rule 4-3(k) and that the appeal is wholly without merit. Accordingly, counsel’s motion to withdraw is granted, and the order is affirmed. Affirmed; motion to be relieved granted. GLOVER and MARSHALL, JJ., agree. 2

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