Davis v. State

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Cite as 2011 Ark. App. 623 ARKANSAS COURT OF APPEALS DIVISION III No. CACR10-935 Opinion Delivered CHARLES DAVIS APPELLANT October 26, 2011 APPEAL FROM THE MISSISSIPPI COUNTY CIRCUIT COURT, OSCEOLA DISTRICT [NO. CR-2007-242] V. HONORABLE DAVID N. LASER, JUDGE STATE OF ARKANSAS APPELLEE AFFIRMED; MOTION TO WITHDRAW GRANTED JOHN MAUZY PITTMAN, Judge Appellant, Charles Davis, pled guilty to delivery of a controlled substance (cocaine) in August 2008 and was placed on probation for a period of five years. The State filed a petition to revoke appellant s probation in March 2010. After a hearing, appellant was found to have violated the conditions of his probation and was sentenced to five years imprisonment. This appeal followed. Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(k) of the Rules of the Arkansas Supreme Court and Court of Appeals, appellant s attorney has filed a motion to withdraw as counsel on the ground that the appeal is wholly without merit. The motion is accompanied by an abstract, brief, and addendum referring to everything in the record that might arguably support the appeal, together with a statement of reasons why none of those rulings would be a meritorious ground for reversal. The clerk of this court furnished appellant Cite as 2011 Ark. App. 623 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 not filed a statement of points. 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 without merit. Accordingly, counsel s motion to withdraw is granted, and the order of revocation is affirmed. Affirmed; motion to withdraw granted. ABRAMSON and HOOFMAN, JJ., agree. 2

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