Gaines v. State (Majority)

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Cite as 2014 Ark. App. 651 ARKANSAS COURT OF APPEALS DIVISION II No. CR-13-860 Opinion Delivered November 19, 2014 TONYA RENEE GAINES APPELLANT APPEAL FROM THE CRITTENDEN COUNTY CIRCUIT COURT V. [NO. CR-2008-1131] STATE OF ARKANSAS HONORABLE RANDY APPELLEE F. PHILHOURS AFFIRMED; MOTION TO WITHDRAW GRANTED BRANDON J. HARRISON, Judge Tonya Renee Gaines appeals from the order revoking her probation and sentencing her to twenty-four months in a Community Correction Center with ninetysix months’ suspended imposition of sentence. Pursuant to Anders v. California, 368 U.S. 738 (1967) and Ark. Sup. Ct. R. 4-3(k)(1) (2013), Gaines’s attorney has filed a no-merit brief and a motion to withdraw, addressing all of the adverse rulings made at the termination hearing, explaining why each adverse ruling is not a meritorious ground for reversal, and requesting to be relieved as counsel. Gaines was provided with a copy of her counsel’s brief and motion and informed of her rights to file pro se points. She has not done so. The test for filing a no-merit brief is not whether there is any reversible error, but rather whether an appeal would be wholly frivolous. Tucker v. State, 47 Ark. App. 96, 885 1 Cite as 2014 Ark. App. 651 S.W.2d 904 (1994). We have reviewed the entire record and counsel’s brief and conclude that Gaines’s counsel has adequately explained why there is no meritorious issue on appeal. 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 be relieved and affirming the court’s revocation. Affirmed; motion to withdraw granted. WALMSLEY and GRUBER, JJ., agree. C. Brian Williams, for appellant. No response. 2

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