TRENTIN R. TURNER v. STATE OF ARKANSAS (Majority)

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Cite as 2018 Ark. App. 363 ARKANSAS COURT OF APPEALS DIVISION III No. CR-17-789 Opinion Delivered: June TRENTIN R. TURNER V. STATE OF ARKANSAS 20, 2018 APPELLANT APPEAL FROM THE CHICOT COUNTY CIRCUIT COURT [NO. 09CR-08-89] APPELLEE HONORABLE SAM POPE, JUDGE AFFIRMED; MOTION TO WITHDRAW GRANTED BART F. VIRDEN, Judge Trentin R. Turner appeals a Chicot County Circuit Court order revoking his probation and sentencing him to nine years in the Arkansas Department of Correction. Pursuant to Anders v. California, 386 U.S. 738 (1967), and Arkansas Supreme Court Rule 43(k) (2017), Turner’s counsel has filed a motion to be relieved as his attorney, alleging that this appeal is without merit. Counsel also filed an accompanying no-merit brief containing an abstract and addendum of the proceedings below. In the brief, counsel includes all adverse decisions affecting Turner and explains in the argument portion of his brief why there is nothing in the record that would arguably support an appeal. The clerk mailed a certified copy of counsel’s motion and brief to Turner, informing him of his right to file pro se points for reversal, and he has done so. 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 Wright v. State, 2015 Ark. App. 300, at 1– 2; Tucker v. State, 47 Ark. App. 96, 885 S.W.2d 904 (1994). We have thoroughly reviewed the entire record and the brief presented to us, including consideration of appellant’s pro se points for reversal, which are either not preserved for appeal or do not otherwise support reversal. From our review, we find compliance with Rule 4-3(k) and that there is no merit to an appeal. Affirmed; motion to withdraw granted. ABRAMSON and HIXSON, JJ., agree. Potts Law Office, by: Gary W. Potts, for appellant. Leslie Rutledge, Att’y Gen., by: Amanda Jegley, Ass’t Att’y Gen., for appellee. 2

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