Gaines v. State , 2014 Ark. App. 651 ( 2014 )

Cite as 2014 Ark. App. 651ARKANSAS COURT OF APPEALS
DIVISION II
No. CR-13-860
Opinion Delivered November 19, 2014
TONYA RENEE GAINES
APPELLANT APPEAL FROM THE CRITTENDEN
COUNTY CIRCUIT COURT
V. [NO. CR-2008-1131]
STATE OF ARKANSAS HONORABLE RANDY
APPELLEE F. PHILHOURS
AFFIRMED; MOTION TO
WITHDRAW GRANTED
BRANDON J. HARRISON, Judge
Tonya Renee Gaines appeals from the order revoking her probation and
sentencing her to twenty-four months in a Community Correction Center with ninety-
six months’ suspended imposition of sentence. Pursuant to Anders v. California, 368 U.S.
738 (1967) and Ark. Sup. Ct. R. 4-3(k)(1) (2013), Gaines’s attorney has filed a no-merit
brief and a motion to withdraw, addressing all of the adverse rulings made at the
termination hearing, explaining why each adverse ruling is not a meritorious ground for
reversal, and requesting to be relieved as counsel. Gaines was provided with a copy of her
counsel’s brief and motion and informed of her rights to file pro se points. She 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. Tucker v. State, 47 Ark. App. 96, 885
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Cite as 2014 Ark. App. 651S.W.2d 904 (1994). We have reviewed the entire record and counsel’s brief and conclude
that Gaines’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 court’s revocation.
Affirmed; motion to withdraw granted.
WALMSLEY and GRUBER, JJ., agree.
C. Brian Williams, for appellant.
No response.
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