Hobbs v. State (Majority)

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Cite as 2013 Ark. App. 567 ARKANSAS COURT OF APPEALS DIVISION III No. CR-12-1133 Opinion Delivered CARLTON HOBBS APPELLANT October 9, 2013 APPEAL FROM THE ARKANSAS COUNTY CIRCUIT COURT, SOUTHERN DISTRICT [NO. CR-2009-67] V. HONORABLE DAVID G. HENRY, JUDGE STATE OF ARKANSAS APPELLEE AFFIRMED; MOTION TO WITHDRAW GRANTED BRANDON J. HARRISON, Judge Carlton Hobbs was found guilty by a jury of one count of second-degree battery, for which he received a sentence of six years imprisonment. Hobbs s attorney has filed a no-merit brief pursuant to Anders v. California, 386 U.S. 738 (1967), and Ark. Sup. Ct. R. 43(k) (2012), along with a motion to be relieved as counsel, asserting that there is no issue of arguable merit for an appeal. Hobbs was notified, by certified mail, of his right to file pro se points for reversal but has not done so. The State has not filed a brief. The test for filing a no-merit brief is not whether there is any reversible error, but rather would an appeal be wholly frivolous. Tucker v. State, 47 Ark. App. 96, 885 S.W.2d 904 (1994). Based on our review of the record for potential error pursuant to Anders and the requirements of Rule 4-3(k), we hold that Hobbs s appeal is wholly without merit. Therefore, pursuant to sections (a) and (b) of In re Memorandum Opinions, 16 Ark. App. 301, Cite as 2013 Ark. App. 567 700 S.W.2d 63 (1985), we issue this memorandum opinion granting counsel s motion to be relieved and affirming the court s judgment. Affirmed; motion to withdraw granted. WYNNE and BROWN, JJ., agree. Brett D. Watson, Attorney at Law, PLLC, by: Brett D. Watson, for appellant. No response. 2

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