ARKANSAS COURT OF APPEALS
DIVISION I
No. CR-13-776
Opinion Delivered June 18, 2014
MICHAEL A. DAVIS APPEAL FROM THE CRITTENDEN
APPELLANT COUNTY CIRCUIT COURT
[NO. CR-2010-1603]
V.
HONORABLE JOHN N.
FOGLEMAN, JUDGE
STATE OF ARKANSAS
APPELLEE AFFIRMED; MOTION TO
WITHDRAW GRANTED
ROBIN F. WYNNE, Judge
Michael Davis appeals from the revocation of his probation by the Crittenden County
Circuit Court. Pursuant to Anders v. California,
386 Ark. 738
(1967), and Arkansas Supreme
Court and Court of Appeals Rule 4-3(k) (2013),1 his counsel has filed a motion to withdraw
accompanied by a no-merit brief that purports to list all rulings adverse to appellant at the
revocation hearing and explain why there are no non-frivolous issues for appeal. We affirm
and grant the motion to withdraw.
In May 2011, appellant entered a negotiated plea of guilty to a charge of forgery in the
second degree. He was sentenced to thirty-six months’ probation. He was also ordered to
pay fines, fees, and court costs. On April 30, 2012, the State filed a petition to revoke
1
In his brief, appellant’s counsel cites Rule 4-3(j). We remind counsel that the proper
subsection is now Rule 4-3(k).
Cite as
appellant’s probation in which it alleged that he violated the terms and conditions of his
probation by (1) failing to pay fines, costs, and fees as ordered; (2) failing to report to
probation as directed; (3) failing to pay probation fees; (4) failing to notify the sheriff and his
probation officer of his current address and employment; (5) departing from his approved
residence without permission; and (6) failing to satisfy supervision fees by community service.
At the hearing on the State’s petition, Amy Peyton with the Crittenden County
Sheriff’s Office testified that appellant had made no payments toward his fines and costs. Mary
Marshall, appellant’s probation officer, testified that appellant failed to report in August,
November, and December of 2011. Appellant also failed to report from January 2012
through February 2013. According to Ms. Marshall, appellant also owed supervision fees, was
unemployed, and did not reside at the address he had listed. Appellant testified that he did
not report because he had been using marijuana and had been in an abusive relationship. He
also testified that he had not worked at all since being placed on probation.
At the conclusion of the hearing, the trial court found by a preponderance of the
evidence that appellant failed to report to his probation officer as directed. Appellant was
sentenced to three years’ imprisonment in the Arkansas Department of Correction. This
appeal followed.
A request to withdraw on the ground that the appeal is wholly without merit shall be
accompanied by a brief including an abstract and addendum. Ark. Sup. Ct. R. 4-3(k)(1)
(2013). The brief shall contain an argument section that consists of a list of all rulings adverse
to the defendant made by the circuit court on all objections, motions and requests made by
2
Cite as
The abstract and addendum of the brief shall contain, in addition to the other
material parts of the record, all rulings adverse to the defendant made by the circuit court.
Appellant was provided with a copy of counsel’s motion and brief and was informed of
his right to submit pro se points for reversal in accordance with Rule 4-3(k)(2). Appellant did
not file pro se points for reversal. After thoroughly reviewing the record in this matter, as
well as the brief filed by counsel, we agree with counsel that any appeal from the sentencing
order would be without merit and hold that counsel has complied with Rule 4-3(k).
Affirmed; motion to withdraw granted.
HIXSON and BROWN, JJ., agree.
Shaun Hair, for appellant.
No response.
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