Cite as 2011 Ark. App. 25 ARKANSAS COURT OF APPEALS DIVISION II No. CACR10-631 BOBBY D. BROWN Opinion Delivered JANUARY 12, 2011 APPELLANT APPEAL FROM THE CLEBURNE COUNTY CIRCUIT COURT V. [NO. CR-09-47] HONORABLE JOHN DAN KEMP, JR., STATE OF ARKANSAS JUDGE APPELLEE REBRIEFING ORDERED; MOTION DENIED RITA W. GRUBER, Judge Appellant Bobby Brown was tried by a jury, convicted of possession of methamphetamine, and sentenced as a habitual offender to 132 months’ imprisonment in the Arkansas Department of Correction. His counsel has filed a motion to withdraw and a no-merit appeal pursuant to Arkansas Supreme Court Rule 4-3(k)(1) (2010) and Anders v. California, 386 U.S. 738 (1967). We deny the motion and order rebriefing because of omissions in counsel’s no-merit brief. When a no-merit brief fails to address an adverse ruling in the direct appeal of a criminal case, the requirements of Rule 4-3(k)(1) are not met and rebriefing is required. Sartin v. State, 2010 Ark. 16, 362 S.W.3d 877. Here, counsel addressed only the trial court’s denial of his directed-verdict motion and the court’s refusal to instruct the jury on an alternative sentence of probation; he did not address adverse rulings on the issue of mental competency.
Cite as 2011 Ark. App. 25 We order counsel to cure the deficiency by filing a substituted brief, abstract, and addendum within fifteen days from the date of this opinion. Ark. Sup. Ct. R. 4-2(b)(3) (2010). Counsel is free to file either a brief on the merits or another no-merit brief. Rebriefing ordered; motion denied. ROBBINS and BROWN, JJ., agree. -2-
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