Harris v. State

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Cite as 2011 Ark. App. 473 ARKANSAS COURT OF APPEALS DIVISION IV No. CACR10-1227 Opinion Delivered MARCIO HARRIS APPELLANT June 29, 2011 APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, FOURTH DIVISION [CR-2009-3999] V. HONORABLE HERBERT T. WRIGHT, JR., JUDGE STATE OF ARKANSAS APPELLEE AFFIRMED; MOTION TO WITHDRAW GRANTED DAVID M. GLOVER, Judge On July 27, 2010, Marcio Harris was found guilty in a bench trial of aggravated robbery, battery in the first degree, misdemeanor theft of property, and firearm enhancement. He was sentenced to a total of ten years in the Arkansas Department of Correction. Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(k) of the Arkansas Rules of the Supreme Court and Court of Appeals, Harris’s counsel has filed a motion to withdraw on the grounds that the appeal is without merit. Counsel’s motion was accompanied by a brief referring to everything in the record that might arguably support an appeal, including a list of all rulings adverse to Harris made by the trial court on all objections, motions and requests made by either party with an explanation as to why each adverse ruling is not a meritorious ground for reversal. The clerk of this court Cite as 2011 Ark. App. 473 furnished Harris with a copy of his counsel’s brief and notified him of his right to file pro se points; Harris has filed no points. After a careful review of the record and counsel’s brief, we find compliance with Rule 4-3(k) and conclude that the appeal is wholly without merit. Accordingly, we grant counsel’s motion to be relieved and affirm Harris’s convictions. Affirmed; motion to withdraw granted. V AUGHT, C.J., and H ART, J., agree. 2

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