Bell v. State

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Cite as 2011 Ark. App. 410 ARKANSAS COURT OF APPEALS DIVISION IV No. CACR09-1302 Opinion Delivered RAYMOND YSEL BELL APPELLANT JUNE 1, 2011 APPEAL FROM THE SEBASTIAN COUNTY CIRCUIT COURT, FORT SMITH DISTRICT [NO. CR-2006-657] V. HONORABLE STEPHEN TABOR, JUDGE STATE OF ARKANSAS APPELLEE AFFIRMED; MOTION GRANTED RITA W. GRUBER, Judge We have twice ordered rebriefing in this no-merit appeal. In Bell v. State, 2010 Ark. App. 66, we ordered rebriefing because counsel failed to comply with Rule 4-3(k) of the Rules of the Arkansas Supreme Court and Court of Appeals. Counsel then filed a substituted brief, and we again ordered rebriefing in Bell v. State, 2011 Ark. App. 103, for failure to comply with Rule 4-3(k). Counsel has now filed another substituted brief appealing appellant’s revocation of his suspended sentence for aggravated robbery and a motion to withdraw on the ground that this appeal is wholly without merit. We forwarded counsel’s brief to appellant, informing him that he could submit points for reversal in accordance with Ark. Sup. Ct. R. 4-3(k)(2) by April 11, 2011, if he chose. Appellant did not respond. Our review of the record reveals that counsel has finally addressed all rulings adverse to appellant made by the trial court and explained why each adverse ruling is not a Cite as 2011 Ark. App. 410 meritorious ground for reversal. Accordingly, we hold that the requirements of Arkansas Supreme Court Rule 4–3(k)(1) and Anders v. California, 386 U.S. 738 (1967), have been met and that the appeal has no merit. We grant counsel’s motion to withdraw and affirm the conviction. Affirmed; motion granted. GLOVER and HOOFMAN , JJ., agree. 2

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