Fischer v. State

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Cite as 2011 Ark. App. 580 ARKANSAS COURT OF APPEALS DIVISION II No. CACR10-48 Opinion Delivered ROBERT WILLIAM FISCHER, JR. APPELLANT October 5, 2011 APPEAL FROM THE BENTON COUNTY CIRCUIT COURT [NO. CR-2008-1542-1] V. HONORABLE ROBIN F. GREEN, JUDGE STATE OF ARKANSAS APPELLEE AFFIRMED; MOTION TO WITHDRAW GRANTED JOHN MAUZY PITTMAN, Judge Appellant was convicted of six counts of possessing child pornography and was sentenced to imprisonment for a term of sixty years. Pursuant to Anders v. California, 386 U.S. 738 (1967), and Arkansas Supreme Court Rule 4-3(k), appellant s counsel has filed a motion stating that there is no merit to the appeal and asking to be relieved as appellant s attorney. 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 furnished appellant with a copy of his counsel s brief and notified him of his right to file a pro se statement of points for reversal within thirty days. Appellant has filed several such statements, but all of his points are either adequately covered by counsel s brief, not preserved Cite as 2011 Ark. App. 580 for appeal, or state no legal ground for reversal on appeal. The State filed a brief in which it concurs that there is no merit to the appeal. From our review of the record and the briefs presented to us, we find compliance with Rule 4-3(k) and that the appeal is without merit. Accordingly, counsel s motion to withdraw is granted, and the judgments of conviction are affirmed. Affirmed; motion to withdraw granted. H ART and R OBBINS, JJ., agree. 2

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