West v. State (Majority)

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Cite as 2013 Ark. App. 303 ARKANSAS COURT OF APPEALS DIVISION I No. CACR12-318 Opinion Delivered May 8, 2013 JUSTIN WEST APPELLANT APPEAL FROM THE GARLAND COUNTY CIRCUIT COURT [NO. CR-2011-238-1] V. HONORABLE JOHN HOMER WRIGHT, JUDGE STATE OF ARKANSAS APPELLEE AFFIRMED; MOTION TO WITHDRAW GRANTED JOHN MAUZY PITTMAN, Judge This is an appeal from a conviction of third-degree battery following a bench trial in Garland County Circuit Court. Appellant received a thirty-day suspended jail sentence, was fined $100, and was ordered to pay costs. 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 to be relieved, stating that there is no merit to the appeal. The motion is accompanied by an abstract and addendum of the proceedings below and a brief in which counsel explains why there is nothing in the record that would support an appeal. The clerk of this court served 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 no statement. Cite as 2013 Ark. App. 303 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 conviction is affirmed. Affirmed; motion to withdraw granted. GLADWIN, C.J., and VAUGHT, J., agree. Chad M. Green, for appellant. No response. 2

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