Frazier v. State

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Cite as 2010 Ark. App. 24 ARKANSAS COURT OF APPEALS No. DIVISION I CACR08-1044 Opinion Delivered KEVIN FRAZIER APPELLANT V. January 13, 2010 APPEAL FROM THE ASHLEY COUNTY CIRCUIT COURT [NO. CR-2007-58-4] HONORABLE DON GLOVER, JUDGE STATE OF ARKANSAS APPELLEE AFFIRMED; MOTION TO WITHDRAW GRANTED JOHN MAUZY PITTMAN, Judge Appellant pled guilty to three drug-related felonies. His plea was accepted, and the issue of sentencing was submitted to a jury. After the hearing, appellant was sentenced to thirty-two years’ imprisonment. Appellant filed a notice of appeal. See Bradford v. State, 351 Ark. 394, 94 S.W.3d 904 (2003). Pursuant to Anders v. California, 386 U.S. 738 (1967), and Arkansas Supreme Court Rule 4-3(k) (2009), appellant’s counsel has filed a motion to be relieved and a brief stating that there is no merit to the appeal. 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 provided appellant with a copy of his counsel’s brief and Cite as 2010 Ark. App. 24 notified him of his right to file a pro se statement of points for reversal within thirty days. Appellant did not file a statement. From our review of the record and the brief presented to us, we find compliance with Rule 4-3(k) and that the appeal is wholly without merit. Accordingly, counsel’s motion to withdraw is granted, and the judgment is affirmed. Affirmed; motion to withdraw granted. HART and GLADWIN, JJ., agree. -2- CACR08-1044

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