Court of Appeals

Decision Information

Decision Content

Cite as 2010 Ark. App. 550 ARKANSAS COURT OF APPEALS DIVISION I No. CACR09-1360 ANDREE RENEE RODGERS Opinion Delivered JUNE 30, 2010 APPELLANT APPEAL FROM THE CRITTENDEN V. COUNTY CIRCUIT COURT [NO. CR-06-1498] STATE OF ARKANSAS HONORABLE DAVID BURNETT, APPELLEE JUDGE AFFIRMED; MOTION GRANTED KAREN R. BAKER, Judge On January 19, 2007, appellant Andree Renee Rodgers pled guilty to the offense of possession of a controlled substance, a Class C felony, and received a negotiated sentence of thirty-six months supervised probation, accompanied by fines and costs in the amount of $1,500 to be paid at the rate of $50 a month, beginning March 10, 2007. On June 4, 2009, the State of Arkansas filed a petition to revoke the supervised probation, alleging that appellant had violated terms and conditions of his probation, including, but not limited to, failure to pay fines, costs, and fees as directed; failure to report to probation as directed; failure to pay probation fees; failure to notify sheriff and probation officer of current address and employment; possession and use of alcohol; various disorderly conduct charges; and driving
Cite as 2010 Ark. App. 550 without a license. After a hearing on the States petition, the trial court found that appellant had violated the terms and conditions of his probation, revoked his probation, and sentenced him to 120 months in the Arkansas Department of Correction. Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(k) of the Rules of the Arkansas Supreme Court and Court of Appeals, appellants counsel has filed a motion to withdraw on grounds that the appeal is without merit. The motion is accompanied by counsels brief in which counsel explains why there is nothing in the record that would arguably support an appeal. The clerk of this court provided appellant with a copy of his counsels brief and notified him of his right to file a pro se list of points on appeal within thirty days; however, appellant did not file a list of pro se points on appeal. From our review of the record and the briefs presented to us, we find compliance with Rule 4-3(k) and hold that the appeal is wholly without merit. Accordingly, we grant counsels motion to withdraw and affirm the revocation of appellants suspended imposition of sentence. Affirmed; motion to be relieved granted. GLADWIN and ROBBINS, JJ., agree. 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.