Hobbs v. State , 2013 Ark. App. 567 ( 2013 )

Susan
Williams Cite as 2013 Ark. App. 567
2019.01.
03 ARKANSAS COURT OF APPEALS
14:42:10 DIVISION III
-06'00' No. CR-12-1133
Opinion Delivered October 9, 2013
CARLTON HOBBS APPEAL FROM THE ARKANSAS
APPELLANT COUNTY CIRCUIT COURT,
SOUTHERN DISTRICT
[NO. CR-2009-67]
V.
HONORABLE DAVID G. HENRY,
JUDGE
STATE OF ARKANSAS AFFIRMED; MOTION TO
APPELLEE WITHDRAW GRANTED
BRANDON J. HARRISON, Judge
Carlton Hobbs was found guilty by a jury of one count of second-degree battery, for
which he received a sentence of six years’ imprisonment. Hobbs’s attorney has filed a
no-merit brief pursuant to Anders v. California, 386 U.S. 738 (1967), and Ark. Sup. Ct. R. 4-
3(k) (2012), along with a motion to be relieved as counsel, asserting that there is no issue of
arguable merit for an appeal. Hobbs was notified, by certified mail, of his right to file pro se
points for reversal but has not done so. The State has not filed a brief.
The test for filing a no-merit brief is not whether there is any reversible error, but
rather would an appeal be wholly frivolous. Tucker v. State, 47 Ark. App. 96, 885 S.W.2d 904
(1994). Based on our review of the record for potential error pursuant to Anders and the
requirements of Rule 4-3(k), we hold that Hobbs’s appeal is wholly without merit.
Therefore, pursuant to sections (a) and (b) of In re Memorandum Opinions, 16 Ark. App. 301,
Cite as 2013 Ark. App. 567
700 S.W.2d 63 (1985), we issue this memorandum opinion granting counsel’s motion to be
relieved and affirming the court’s judgment.
Affirmed; motion to withdraw granted.
WYNNE and BROWN, JJ., agree.
Brett D. Watson, Attorney at Law, PLLC, by: Brett D. Watson, for appellant.
No response.
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