Foster v. State (Majority)

Annotate this Case

Download PDF

Cite as 2013 Ark. App. 385 ARKANSAS COURT OF APPEALS DIVISION I No. CR-12-885 Opinion Delivered June 19, 2013 NICOLE LEIGH FOSTER APPELLANT APPEAL FROM THE CRITTENDEN COUNTY CIRCUIT COURT [NO. CR-2002-200B] V. HONORABLE JOHN N. FOGLEMAN, JUDGE STATE OF ARKANSAS APPELLEE AFFIRMED; MOTION TO WITHDRAW GRANTED JOHN MAUZY PITTMAN, Judge Appellant entered a guilty plea to a felony charge of possession of a controlled substance. She was sentenced to a five-year term of imprisonment to be followed by the suspended imposition of sentence to an additional term. Subsequently, the State filed a petition to revoke appellant s suspension, alleging that she violated the conditions thereof by failure to pay fines and costs. After a hearing, she was found to have violated the conditions of her suspension and was sentenced to two years in the Arkansas Department of Correction. Pursuant to Anders v. California, 386 U.S. 738 (1967), and Arkansas Supreme Court Rule 4-3(k),1 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, including all objections and motions decided adversely to appellant, and 1 We note for benefit of appellant s counsel that this rule was amended in 2008, resulting in former Rule 4-3(j) being redesignated as 4-3(k). Cite as 2013 Ark. App. 385 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 her counsel s brief and notified her of her right to file a pro se statement of points for reversal within thirty days. Appellant has filed no such statement. 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 revocation order is affirmed. Affirmed; motion to withdraw granted. WYNNE and GRUBER, JJ., agree. C. Brian Williams, for appellant. No response. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.