Cite as 2017 Ark. App. 31 ARKANSAS COURT OF APPEALS DIVISION IV No. CR-16-619 Opinion Delivered: January 25, 2017 AARIS JEFFERSON APPEAL FROM THE GARLAND APPELLANT COUNTY CIRCUIT COURT [NO. CR-2014-294-IV] V. STATE OF ARKANSAS HONORABLE MARCIA R. APPELLEE HEARNSBERGER, JUDGE AFFIRMED; MOTION TO WITHDRAW GRANTED BART F. VIRDEN, Judge Aaris Jefferson appeals from an order of the Garland County Circuit Court revoking his probation on a charge of possession of methamphetamine with intent to deliver and sentencing him to 120 months with 96 months suspended in the Arkansas Department of Correction. Pursuant to Anders v. California, 386 U.S. 738 (1967), and Arkansas Supreme Court Rule 4-3(k) (2016), Jefferson’s 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. Jefferson was provided with a copy of his counsel’s 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; Tucker v. State, 47 Ark. App. 96, 885 S.W.2d 904 (1994). We have reviewed the entire
Cite as 2017 Ark. App. 31 record and counsel’s brief and conclude that Jefferson’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 circuit court’s revocation. Affirmed; motion to withdraw granted. GRUBER, C.J., and HIXSON, J., agree. Dusti Standridge, 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.