Evans v. State (Majority)

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Cite as 2014 Ark. App. 376 ARKANSAS COURT OF APPEALS DIVISION I No. CR-13-117 Opinion Delivered June 18, 2014 SEIMOND EVANS APPELLANT APPEAL FROM THE UNION COUNTY CIRCUIT COURT [NO. CR-2010-213-1-1] V. HONORABLE HAMILTON H. SINGLETON, JUDGE STATE OF ARKANSAS APPELLEE AFFIRMED; MOTION TO WITHDRAW GRANTED JOHN MAUZY PITTMAN, Judge Seimond Evans appeals from an order revoking his probation and sentencing him to ten 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), appellant s attorney has filed a motion to be relieved as counsel, stating that there is no merit to the appeal. The motion is accompanied by an abstract and addendum of the proceedings below and a brief in which counsel asserts that there is nothing in the record that would support an appeal.1 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 has filed no such statement. 1 The record has been supplemented, and the abstract, brief, and addendum have been corrected as directed in Evans v. State, 2014 Ark. App. 22. Cite as 2014 Ark. App. 376 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. GLADWIN, C.J., and WHITEAKER, J., agree. N. Mark Klappenbach, for appellant. No response. 2

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