Cite as 2018 Ark. App. 14 ARKANSAS COURT OF APPEALS
DIVISION I No. CR-17-289
JOANNA MARIE HUDSON APPELLANT
V. STATE OF ARKANSAS
APPELLEE
Opinion Delivered: January 24, 2018 APPEAL FROM THE HOT SPRING
COUNTY CIRCUIT COURT [NO. 30CR-14-2]
HONORABLE CHRIS E WILLIAMS, JUDGE
AFFIRMED; MOTION GRANTED
RITA W. GRUBER, Chief Judge The Hot Spring County Circuit Court revoked Joanna Hudson’s probation and sentenced her to ten years’ imprisonment. Pursuant to Arkansas Supreme Court Rule 4-3(k) and Anders v. California, 386 U.S. 738 (1967), appellant’s counsel has filed a motion to withdraw, stating that there is no merit to an appeal. The motion is accompanied by an abstract and addendum of the proceedings below and a brief in which counsel explains why there is nothing in the record that would support an appeal. The clerk of this court served appellant with a copy of counsel’s brief and notified her of her right to file a pro se statement of points for reversal within thirty days, but she has not done so. We affirm the revocation and grant counsel’s motion to withdraw. On April 8, 2014, appellant entered a plea of guilty to endangering the welfare of a minor and possession of a controlled substance and was sentenced to three years’ probation. On August 1, 2016, the State filed a petition to revoke appellant’s probation, alleging that
she had violated the conditions thereof by testing positive for amphetamines and marijuana; failing to report for scheduled office visits; failing to pay child support and to notify the sheriff and probation officer of a change of address; and failing to pay court-ordered fines, costs, and fees. At a revocation hearing held on December 27, 2016, Courtney Darrow, appellant’s Hot Spring County probation officer, testified that appellant had tested positive for amphetamines and marijuana on July 19, 2016. She also testified that appellant had failed to report for scheduled office visits with her probation officer in Berryville on July 23, 2015; July 12, 2016; and July 20, 2016. Ms. Darrow also testified that appellant was arrested on July 17, 2016, for failing to pay her child support and that officers discovered appellant no longer lived at her last known address when they attempted to perform a home visit. Appellant had not submitted a report changing her address. Finally, Ms. Darrow testified that appellant had not made the regular monthly payments toward her fines, fees, and costs as required by the court. Appellant testified that she did owe “back child support”; that she had started using drugs, although she knew it violated the terms of her probation; that she had failed to meet with her probation officer as required; and that she had failed to make monthly payments on her fines despite her agreement to pay $100 a month. The circuit court found that appellant had violated the conditions of her probation by using controlled substances, failing to report for scheduled office visits, and failing to pay child support and to notify the sheriff and probation officer of a change of address. The
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court revoked her probation and sentenced her to consecutive terms of five years for each offense for a total of ten years’ imprisonment. In this case, counsel correctly notes that the only adverse ruling was the revocation of appellant’s probation, and he has adequately explained why there is no merit to an appeal of the decision. From our review of the record and the brief presented to us, we find compliance with Rule 4-3(k) and hold that the appeal is without merit. Accordingly, we grant counsel’s motion to withdraw and affirm the revocation. Affirmed; motion granted. ABRAMSON and KLAPPENBACH, JJ., agree. Gregory K. Crain, for appellant. One brief only.
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