Jackson v. State.2 , 2015 Ark. App. 610 ( 2015 )

Cite as 2015 Ark. App. 610
ARKANSAS COURT OF APPEALS
DIVISION I
No. CR-14-783
Opinion Delivered October 28, 2015
KAMRAN TYSHUN JACKSON APPEAL FROM THE CONWAY
APPELLANT COUNTY CIRCUIT COURT
[NO. 15CR-13-154]
V. HONORABLE JERRY RAMEY,
JUDGE
STATE OF ARKANSAS AFFIRMED; MOTION TO
APPELLEE WITHDRAW GRANTED
PHILLIP T. WHITEAKER, Judge
Kamran Tyshun Jackson appeals his Conway County jury conviction of one count of
theft of property with a value over $1,000 but less than $5,000—a class D felony. His counsel
initially filed a motion to be relieved as counsel pursuant to Anders v. California, 386 U.S. 738
(1967), and Arkansas Supreme Court Rule 4-3(k), stating that there were no nonfrivolous
issues to present on appeal. However, on June 17, 2015, this court ordered rebriefing, finding
that counsel’s brief at that time did not satisfy the requirements of Anders, supra, or Rule 4-
3(k), because it failed to address an adverse-sentencing decision.1 This current appeal follows
after rebriefing.
Counsel has once again filed a motion to be relieved as counsel pursuant to Anders,
upra, and Rule 4-3(k). The motion is accompanied by an abstract and addendum of
1
Jackson v. State, 2015 Ark. App. 400.
Cite as 2015 Ark. App. 610
theproceedings below, which includes all objections and motions decided adversely to
Jackson, and a brief in which counsel explains why there is nothing in the record that would
support an appeal. Jackson was informed of his right to file pro se points for reversal, but he
has not 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 Tucker v. State, 47 Ark. App. 96, 885
S.W.2d 904 (1994). From our review of the record and the brief presented to us, we find
compliance with Rule 4-3(k) and hold that there is no merit to an appeal.
Affirmed; motion to withdraw granted.
GLOVER and BROWN, JJ., agree.
Files & Brasuell, PLLC, by: Toney B. Brasuell, for appellant.
No response.
2