Sutton v. State (Majority)

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Cite as 2015 Ark. App. 391 ARKANSAS COURT OF APPEALS DIVISION I No. CR-14-913 Opinion Delivered JUNE 17, 2015 TERIA K. SUTTON APPELLANT V. STATE OF ARKANSAS APPELLEE APPEAL FROM THE CRITTENDEN COUNTY CIRCUIT COURT [NO. CR-2012-1186] HONORABLE JOHN N. FOGLEMAN, JUDGE AFFIRMED; MOTION TO WITHDRAW GRANTED M. MICHAEL KINARD, Judge Appellant Teria Sutton appeals from the revocation of her probation. 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. Appellant has not filed points for reversal despite being notified by the clerk of this court of her right to do so. Appellant entered a negotiated plea of guilty on November 30, 2012, to the charge of possession of a schedule II controlled substance. She was sentenced to two years’ probation. The State filed a petition to revoke her probation on August 9, 2013, alleging several violations of her written conditions of probation. After a revocation hearing on June Cite as 2015 Ark. App. 391 30, 2014, the trial court found by a preponderance of the evidence that appellant had violated her probation by failing to report to her probation officer as directed and by using cocaine. 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. HARRISON and GLOVER, JJ., agree. C. Brian Williams, for appellant. No response. 2

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