Roe v. State (Majority)

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Cite as 2014 Ark. App. 709 ARKANSAS COURT OF APPEALS DIVISION I No. CR-13-1119 Opinion Delivered ADAM DOUGLAS ROE V. STATE OF ARKANSAS December 17, 2014 APPEAL FROM THE CRITTENDEN APPELLANT COUNTY CIRCUIT COURT [NO. CR-2011-641] HONORABLE DAVID GOODSON, JUDGE APPELLEE AFFIRMED; MOTION TO WITHDRAW GRANTED BRANDON J. HARRISON, Judge Adam Roe appeals from the revocation of his probation and resulting sentence of three years’ imprisonment. Roe’s attorney has filed a no-merit brief pursuant to Anders v. California, 386 U.S. 738 (1967), and Ark. Sup. Ct. R. 4-3(k)(1) (2013), along with a motion to withdraw as counsel, asserting that there is no issue of arguable merit for an appeal. The clerk of our court mailed a certified copy of counsel’s motion and brief to Roe in accordance with Ark. Sup. Ct. R. 4-3(k)(2), informing him of his right to file pro se points for reversal. Roe has not filed pro se points for reversal, and the State has not filed a brief. We grant the motion to withdraw and affirm. The test for filing a no-merit brief is not whether there is any reversible error, but whether an appeal would 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 Roe’s appeal is wholly without 1 Cite as 2014 Ark. App. 709 merit. Therefore, pursuant to sections (a) and (b) of In re Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d 63 (1985), we issue this memorandum opinion granting counsel’s motion to withdraw and affirming the court’s revocation. Affirmed; motion to withdraw granted. VAUGHT and BROWN, JJ., agree. Brett D. Watson, Attorney at Law, PLLC, by: Brett D. Watson, for appellant. No response. 2

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