Garcia v. State , 2015 Ark. App. 673 ( 2015 )

Cite as 2015 Ark. App. 673
ARKANSAS COURT OF APPEALS
DIVISION I
No. CR-14-129
Opinion Delivered November 18, 2015
RENE GARCIA APPEAL FROM THE WASHINGTON
APPELLANT COUNTY CIRCUIT COURT
[NO. CR-12-1865-1]
V.
HONORABLE WILLIAM A. STOREY,
JUDGE
STATE OF ARKANSAS
APPELLEE
AFFIRMED; MOTION TO
WITHDRAW GRANTED
WAYMOND M. BROWN, Judge
A Washington County jury found appellant Rene Garcia guilty of two counts of rape
of a girl who was thirteen years old at the time of the offenses. He was sentenced to a total
of seventy years’ imprisonment; however, twenty years were suspended. Appellant’s counsel
has filed a motion to withdraw and a no-merit brief pursuant to Anders v. California1 and Rule
4-3(k) of the Rules of the Arkansas Supreme Court and Court of Appeals. The clerk of this
court provided appellant with a copy of counsel’s brief and motion, and notified appellant of
his right to file pro se points for reversal. Appellant has filed pro se points for reversal, and the
State has filed a response. We affirm appellant’s convictions and grant counsel’s motion to
withdraw.
1
386 U.S. 738 (1967).
Cite as 2015 Ark. App. 673
A request to be relieved as counsel on the ground that the appeal is wholly without
merit shall be accompanied by a brief including an abstract and addendum.2 The brief shall
contain an argument section that consists of a list of all rulings adverse to the defendant made
by the trial court with an explanation as to why each adverse ruling is not a meritorious
ground for reversal.3 It is imperative that counsel follow the appropriate procedure when
filing a motion to withdraw as counsel.4 In furtherance of the goal of protecting
constitutional rights, it is both the duty of counsel and of this court to perform a full
examination of the proceedings as a whole to decide if an appeal would be wholly frivolous.5
From our review of the record, the brief presented to us, and appellant’s pro se points
for reversal, we hold that counsel has complied with Rule 4-3(k)(1) and agree that there is no
merit to an appeal. Therefore, we affirm, by memorandum opinion, appellant’s convictions.6
We also grant counsel’s motion to withdraw.
Affirmed; motion to withdraw granted.
GLOVER and WHITEAKER, JJ., agree.
Joseph C. Self, for appellant.
Leslie Rutledge, Att’y Gen., by: Evelyn D. Gomez, Ass’t Att’y Gen., for appellee.
2
Ark. Sup. Ct. R. 4-3(k)(1).
3
Id.
4
Brown v. State, 85 Ark. App. 382, 155 S.W.3d 22 (2004).
5
Campbell v. State, 74 Ark. App. 277, 47 S.W.3d 915 (2001).
6
See In re Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d 63 (1985).
2