Devonne v. State (Majority)

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Cite as 2013 Ark. App. 335 ARKANSAS COURT OF APPEALS DIVISION III No. CR-12-632 Opinion Delivered ERICH LEMARC DEVONNE APPELLANT May 22, 2013 APPEAL FROM THE SEBASTIAN COUNTY CIRCUIT COURT, FORT SMITH DISTRICT [NO. CR-2011993] V. HONORABLE J. MICHAEL FITZHUGH, JUDGE STATE OF ARKANSAS APPELLEE AFFIRMED; MOTION TO WITHDRAW GRANTED JOHN MAUZY PITTMAN, Judge This appeal is from a conviction for failure to comply with sex-offender registration and reporting requirements in violation of Ark. Code Ann. § 12-12-904 (Repl. 2009). 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 are no nonfrivolous issues to present on appeal. The motion is accompanied by an abstract and addendum of the proceedings below, including all objections and motions decided adversely to appellant, 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 Cite as 2013 Ark. App. 335 filed a statement of points that are all either irrelevant, not preserved for appeal, or adequately addressed by appellant s attorney. From our review of the record and the briefs 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 judgment of conviction is affirmed. Affirmed; motion to withdraw granted. WALMSLEY and WOOD, JJ., agree. Camille Edmison-Wilhelmi, for appellant. Dustin McDaniel, Att y Gen., by: Jake H. Jones, Ass t Att y Gen., for appellee. 2

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