Court of Appeals

Decision Information

Decision Content

Cite as 2015 Ark. App. 13 ARKANSAS COURT OF APPEALS DIVISION II No. CR-14-377 Opinion Delivered January 14, 2015 LAQUAY MARQUICE KINDLE APPELLANT APPEAL FROM THE JOHNSON COUNTY CIRCUIT COURT [NO. CR-2012-102] V. HONORABLE BILL PEARSON, JUDGE STATE OF ARKANSAS APPELLEE AFFIRMED; MOTION TO WITHDRAW GRANTED PHILLIP T. WHITEAKER, Judge Laquay Kindle appeals from an order of the Johnson County Circuit Court revoking his probation on two felonies and sentencing him to seventy-two months in the Arkansas Department of Correction. Pursuant to Anders v. California, 386 U.S. 738 (1967), and Arkansas Supreme Court Rule 4-3(k) (2013), Kindles attorney has filed a no-merit brief and a motion to withdraw, addressing all of the adverse rulings made at the revocation hearing, explaining why each adverse ruling is not a meritorious ground for reversal, and requesting to be relieved as counsel. Kindle was provided with a copy of his counsels brief and motion and informed of his right to file pro se points. He 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. Gaines v. State, 2014 Ark. App. 651;
Cite as 2015 Ark. App. 13 Tucker v. State, 47 Ark. App. 96, 885 S.W.2d 904 (1994). We have reviewed the entire record and counsels brief and conclude that Kindles 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 counsels motion to be relieved and affirming the circuit courts revocation. Affirmed; motion to withdraw granted. GLADWIN, C.J., and HIXSON, J., agree. John C. Burnett, for appellant. No response. 2
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.