Davis v. State , 2014 Ark. App. 44 ( 2014 )

Cite as 2014 Ark. App. 44
ARKANSAS COURT OF APPEALS
DIVISION IV
No. CR-13-605
TYRONE DAVIS Opinion Delivered January 15, 2014
APPELLANT
APPEAL FROM THE PULASKI
V. COUNTY CIRCUIT COURT,
FIRST DIVISION
STATE OF ARKANSAS [NO60CR-11-4451]
APPELLEE
HONORABLE JAMES LEON
JOHNSON, JUDGE
AFFIRMED; MOTION TO
WITHDRAW GRANTED
WAYMOND M. BROWN, Judge
Appellant appeals from his conviction on two counts of sexual assault in the second
degree. Appellant’s counsel has filed a no-merit brief and motion to withdraw pursuant to
Anders v. California, 1 and Arkansas Supreme Court Rule 4-3(k)(1), 2 stating that there are
no meritorious grounds to support an appeal. The clerk mailed a certified copy of
counsel’s motion and brief to appellant, informing him of his right to file pro se points for
reversal. Appellant failed to file pro se points for reversal. We affirm appellant’s conviction
and grant counsel’s motion to withdraw.
1
386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967).
2
(2011). This court notes that counsel erroneously cited to Arkansas Supreme
Court Rule 4-3(j) and non-existent Arkansas Supreme Court Rule 4-3(j)(1).
Cite as 2014 Ark. App. 44
On May 21, 2012, an amended felony information was filed charging appellant
with two counts of sexual assault in the second degree. 3 A pretrial hearing was held on
March 13, 2013, during which A.D. was found competent to testify. A jury trial was held
March 13 and 14, 2013. On March 14, 2013, the jury found appellant guilty of two
counts of sexual assault in the second degree. The sentencing phase was conducted the
same day and the circuit court sentenced appellant to five years’ imprisonment on each
count. The circuit court ordered the sentences to run concurrent and gave appellant jail
credit for one day. 4 This timely appeal followed. 5
In compliance with Anders and Rule 4-3(k)(1), counsel ordered the entire record
and found that after a conscientious review of the record, there were no issues of arguable
merit for appeal. Counsel’s brief adequately covered each action that was adverse to
appellant below. After carefully examining the record and the brief presented to us, we
believe counsel has complied with the requirements established by the Arkansas Supreme
Court for no-merit appeals and conclude that the appeal is wholly without merit.
Accordingly, we affirm appellant’s conviction and grant counsel’s motion to be relieved.
Affirmed; motion to withdraw granted.
WYNNE and HIXSON, JJ., agree.
John Wesley Hall, for appellant.
No response.
3
The initial felony information was amended to add the second count of sexual
assault in the second degree.
4
This was reflected on a sentencing order entered in the matter on April 2, 2013.
5
The notice of appeal was filed on April 23, 2012.
2