Cite as 2014 Ark. App. 651 ARKANSAS COURT OF APPEALS DIVISION II No. CR-13-860 TONYA RENEE GAINES APPELLANT V. STATE OF ARKANSAS APPELLEE BRANDON J. HARRISON, Judge Tonya Renee Gaines appeals from 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 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 1 Opinion Delivered November 19, 2014 APPEAL FROM THE CRITTENDEN COUNTY CIRCUIT COURT [NO. CR-2008-1131] HONORABLE RANDY F. PHILHOURS AFFIRMED; MOTION TO WITHDRAW GRANTED the order revoking her probation and all of the adverse rulings made at the
Cite as 2014 Ark. App. 651 S.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. W ALMSLEY and GRUBER, JJ., agree. C. Brian Williams, for appellant. No response. 2
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