Taylor v. State (Majority)

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Cite as 2013 Ark. App. 425 ARKANSAS COURT OF APPEALS DIVISION I No. CR-12-1054 Opinion Delivered CALVIN DEWAYNE TAYLOR APPELLANT June 26, 2013 APPEAL FROM THE CRITTENDEN COUNTY CIRCUIT COURT [NO. CR-2009-506] V. HONORABLE RANDY F. PHILHOURS, JUDGE STATE OF ARKANSAS APPELLEE AFFIRMED; MOTION TO WITHDRAW GRANTED ROBIN F. WYNNE, Judge On September 14, 2009, Calvin Dewayne Taylor pled guilty to committing a terroristic act and being a felon in possession of a firearm, both Class B felonies, and received a sentence that included ten years imprisonment followed by five years suspended imposition of sentence. That suspended sentence was revoked in September 2012, and Taylor now appeals from the revocation of his suspended imposition of sentence. His attorney has filed a motion to withdraw as counsel and a no-merit brief pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(k)1 of the Rules of the Arkansas Supreme Court and Court of Appeals on the ground that the appeal is wholly without merit. Taylor has filed pro se points for reversal, and the State has filed a response brief. 1 Counsel incorrectly cites Rule 4-3(j), which governs preparation of briefs for indigent appellants. Cite as 2013 Ark. App. 425 From our review of the record, the briefs presented to us, and Taylor s pro se points for reversal, 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 revocation is affirmed. Affirmed; motion to withdraw granted. PITTMAN and GRUBER , JJ., agree. C. Brian Williams, for appellant. Dustin McDaniel, Att y Gen., by: Jake H. Jones, Ass t Att y Gen., for appellee. 2

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