Jefferson v. State , 2017 Ark. App. 31 ( 2017 )

Cite as 2017 Ark. App. 31
ARKANSAS COURT OF APPEALS
DIVISION IV
CR-16-619
No.
Opinion Delivered: January 25, 2017
AARIS JEFFERSON APPEAL FROM THE GARLAND
APPELLANT COUNTY CIRCUIT COURT
[NO. CR-2014-294-IV]
V.
STATE OF ARKANSAS HONORABLE MARCIA R.
APPELLEE HEARNSBERGER, JUDGE
AFFIRMED; MOTION TO
WITHDRAW GRANTED
BART F. VIRDEN, Judge
Aaris Jefferson appeals from an order of the Garland County Circuit Court revoking
his probation on a charge of possession of methamphetamine with intent to deliver and
sentencing him to 120 months with 96 months suspended in the Arkansas Department of
Correction. Pursuant to Anders v. California, 386 U.S. 738 (1967), and Arkansas Supreme
Court Rule 4-3(k) (2016), Jefferson’s attorney has filed a no-merit brief and a motion to
withdraw, addressing all of the adverse rulings made at the revocation hearing, explaining
why each adverse ruling is not a meritorious ground for reversal, and requesting to be
relieved as counsel. Jefferson was provided with a copy of his counsel’s brief and motion
and informed of his right to file pro se points. He has not done so.
The test for filing a no-merit brief is not whether there is any reversible error, but
rather whether an appeal would be wholly frivolous. Gaines v. State, 2014 Ark. App. 651;
Tucker v. State, 47 Ark. App. 96, 885 S.W.2d 904 (1994). We have reviewed the entire
Cite as 2017 Ark. App. 31
record and counsel’s brief and conclude that Jefferson’s counsel has adequately explained
why there is no meritorious issue on appeal.
Therefore, pursuant to sections (a) and (b) of In re Memorandum Opinions, 16 Ark.
App. 301, 700 S.W.2d 63 (1985), we issue this memorandum opinion granting counsel’s
motion to be relieved and affirming the circuit court’s revocation.
Affirmed; motion to withdraw granted.
GRUBER, C.J., and HIXSON, J., agree.
Dusti Standridge, for appellant.
No response.
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