Cite as 2010 Ark. App. 535 ARKANSAS COURT OF APPEALS DIVISION III No. CACR09-949 Opinion Delivered June 30, 2010 APPEAL FROM THE FAULKNER AARON AULT COUNTY CIRCUIT COURT APPELLANT [NO. CR-2008-23] V. HONORABLE DAVID L. REYNOLDS, JUDGE STATE OF ARKANSAS AFFIRMED; MOTION TO APPELLEE WITHDRAW GRANTED LARRY D. VAUGHT, Chief Judge On July 7, 2008, appellant Aaron Ault entered a plea of guilty to theft by receiving, a Class C felony, and the trial court sentenced him to sixty months’ probation. A condition of probation stated that Ault shall not violate any local, state, or federal laws. On April 14, 2009, Ault entered a plea of guilty to robbery, a Class B felony. He was sentenced to sixty months of probation and 120 days in the Garland County Jail. Subsequently, the State filed a petition to revoke Ault’s probation based on his violation of Arkansas law. Following a hearing, the trial court found that Ault had violated the terms and conditions of his probation, and it sentenced him to 120 months’ incarceration. Pursuant to Anders v. California, 386 U.S. 738 (1967), and Ark. Sup. Ct. R. 4-3(k)(1), Ault’s counsel has filed a motion to withdraw on grounds that the appeal is wholly without merit. The
Cite as 2010 Ark. App. 535 motion is accompanied by an abstract and addendum of the proceedings below, including all objections and motions decided adversely to Ault, and a brief in which counsel explains why there is nothing in the record that would support an appeal. The clerk of this court provided Ault with a copy of his counsel’s brief and notified him of his right to file a pro se statement of points for reversal within thirty days. Ault did not file a statement. From our review of the record and the brief presented to us, we find compliance with Rule 4-3(k)(1) and that the appeal is wholly without merit. Accordingly, counsel’s motion to withdraw is granted, and the order of conviction is affirmed. Affirmed; motion to withdraw granted. GRUBER and BROWN, JJ., agree. -2-
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