Wright v. State (Majority)

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Cite as 2015 Ark. App. 300 ARKANSAS COURT OF APPEALS DIVISION IV No. CR-14-294 Opinion Delivered May 6, 2015 DEWAYNE CURTIS WRIGHT APPELLANT APPEAL FROM THE OUACHITA COUNTY CIRCUIT COURT [NO. CR-2012-98-3] V. HONORABLE EDWIN KEATON, JUDGE STATE OF ARKANSAS APPELLEE AFFIRMED; MOTION TO WITHDRAW GRANTED PHILLIP T. WHITEAKER, Judge Dewayne Curtis Wright appeals from his Ouachita County Circuit Court convictions for aggravated robbery, theft of property, and third-degree battery. Appellate counsel has filed a motion with this court to be relieved as counsel pursuant to Anders v. California, 386 U.S. 738 (1967), and Arkansas Supreme Court Rule 4-3(k) (2014). The motion is accompanied by a no-merit brief containing an abstract and addendum of the proceedings below. The abstract and addendum in counsel’s brief include all objections and motions decided adversely to appellant, and counsel explains in the argument portion of his brief why there is nothing in the record that would arguably support an appeal. Wright has filed a pro se statement of points for reversal, and the State has filed a response thereto. The test for filing a no-merit brief is not whether there is any reversible error but whether an appeal would be wholly frivolous. See Tucker v. State, 47 Ark. App. 96, 885 Cite as 2015 Ark. App. 300 S.W.2d 904 (1994). From our review of the record and the brief presented to us, including consideration of Wright’s pro se points for reversal, which are either not preserved for appeal or do not otherwise support reversal, we find compliance with Rule 4-3(k) and that there is no merit to an appeal. Affirmed; motion to withdraw granted. VIRDEN and GRUBER, JJ., agree. N. Mark Klappenbach, for appellant. Dustin McDaniel, Att’y Gen., by: Ashley Priest, Ass’t Att’y Gen., for appellee. 2

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