Tolliver v. State (Majority)
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Cite as 2014 Ark. App. 378 ARKANSAS COURT OF APPEALS DIVISION III No. CR-13-89 Opinion Delivered June 18, 2014 LAMONZA DEVAR TOLLIVER APPELLANT APPEAL FROM THE HEMPSTEAD COUNTY CIRCUIT COURT [NO. CR-2011-87] V. HONORABLE RANDY WRIGHT, JUDGE STATE OF ARKANSAS APPELLEE AFFIRMED; MOTION TO WITHDRAW GRANTED BILL H. WALMSLEY, Judge In November 2011, appellant Lamonza Devar Tolliver pleaded guilty to attempted delivery of crack cocaine, and he received ten years of probation and, among other things, was ordered to pay fines, fees, and costs. In September 2012, the State filed a petition to revoke Tolliver s probation alleging that he had committed additional crimes, failed to make payments toward what he owed, and failed to pay his supervision fees. The Hempstead County Circuit Court found that Tolliver had violated the terms and conditions of his probation and, upon revocation, sentenced him to serve twenty-five years in prison. Defense counsel has filed a motion to withdraw on the basis that there is no merit to an appeal. Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(k) of the Rules of the Arkansas Supreme Court and Court of Appeals, defense counsel s motion was accompanied by a brief that addresses all adverse rulings with an explanation why each ruling Cite as 2014 Ark. App. 378 is not a meritorious ground for reversal. Tolliver was provided with a copy of counsel s brief and notified of his right to file pro se points for reversal. Tolliver has not filed any points. From our review of the record and the brief presented to us, we agree with defense counsel that there is no merit to an appeal. Accordingly, we affirm the order of revocation and grant defense counsel s motion to withdraw. Affirmed; motion to withdraw granted. GLOVER and VAUGHT, JJ., agree. Anthony S. Biddle, for appellant. No response. 2
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