Batton v. State

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Cite as 2011 Ark. App. 469 ARKANSAS COURT OF APPEALS DIVISION II No. CACR10-1233 Opinion Delivered INGRID BATTON APPELLANT JUNE 29, 2011 APPEAL FROM THE MILLER COUNTY CIRCUIT COURT [NO. CR-01-394-3] V. HONORABLE KIRK JOHNSON, JUDGE STATE OF ARKANSAS APPELLEE AFFIRMED; MOTION TO WITHDRAW GRANTED ROBIN F. WYNNE, Judge Ingrid Batton brings this appeal from the judgment and commitment order entered by the Miller County Circuit Court upon the revocation of her probation. Upon revoking appellant’s probation, the circuit court sentenced appellant to 120 months’ imprisonment for two counts of violating the Arkansas Hot Check Law. Pursuant to Anders v. California, 386 U.S. 738 (1967), and Arkansas Supreme Court Rule 4-3(k) (2011), counsel for appellant has filed a motion to withdraw asserting that the appeal is wholly without merit. In addition to the motion to withdraw, counsel has filed a brief listing all rulings adverse to appellant with an explanation as to why each adverse ruling does not present a meritorious argument for reversal. The clerk of this court provided appellant with a copy of her counsel’s motion and brief and notified her of the right to file a pro se brief listing points for reversal. Appellant declined to file a pro se brief. Cite as 2011 Ark. App. 469 We have examined the record in this case and conclude that the appeal is wholly without merit. We therefore affirm the judgment and commitment order and grant counsel’s motion to withdraw. Affirmed; motion to withdraw granted. M ARTIN and H OOFMAN , JJ., agree. 2

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