Kelley v. State.2 (Majority)

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Cite as 2012 Ark. App. 422 ARKANSAS COURT OF APPEALS DIVISION III No. CACR11-549 JOHNNY EUGENE KELLEY APPELLANT Opinion Delivered June 27, 2012 V. APPEAL FROM THE HEMPSTEAD COUNTY CIRCUIT COURT [NO. CR2008-421-1] STATE OF ARKANSAS HONORABLE RANDY WRIGHT, JUDGE APPELLEE AFFIRMED; MOTION GRANTED RAYMOND R. ABRAMSON, Judge Appellant Johnny Kelley was found guilty of three counts of rape for engaging in sexual intercourse or deviate sexual activity with a person less than fourteen years of age, Ark. Code Ann. § 5-14-103(a)(3) (Repl. 2006), and he was sentenced to forty years in the Arkansas Department of Correction. Kelley s counsel has filed a no-merit brief pursuant to Anders v. California, 366 U.S. 738 (1967), and Arkansas Supreme Court Rule 4-3(k) (2011), along with a motion to be relieved as counsel. Kelley has not filed pro se points for reversal. Counsel has provided explanations as to why adverse rulings on the following do not provide any non-frivolous ground for reversal: the defense s two motions for mistrial; the prosecution s motion in limine; three evidentiary objections by the defense; two sustained evidentiary objections by the prosecution; and the defense s motion for directed verdict (sufficiency of the evidence). Our review of the record and the brief presented to this court Cite as 2012 Ark. App. 422 reveals that Kelley s counsel has complied with the requirements of Rule 4-3(k). We agree that an appeal in this case would be wholly without merit. The convictions are affirmed, and counsel s motion to be relieved is granted. Affirmed; motion granted. VAUGHT, C.J., and ROBBINS, J., agree. 2

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