ARKANSAS COURT OF APPEALS
DIVISION I
No. CR-13-878
Opinion Delivered June 18, 2014
GARY CARTER APPEAL FROM THE CRITTENDEN
APPELLANT COUNTY CIRCUIT COURT
[NO. CR-10-1432]
V.
HONORABLE RALPH WILSON, JR.,
JUDGE
STATE OF ARKANSAS
APPELLEE AFFIRMED; MOTION TO
WITHDRAW GRANTED
ROBIN F. WYNNE, Judge
Gary Carter appeals from the revocation of his probation. Citing Arkansas Supreme
Court Rule 4-3(k)(1) (2013),1 his attorney has filed a no-merit brief and a motion to
withdraw as counsel, asserting that the appeal is wholly without merit. Carter has not filed
pro se points for reversal. We affirm the revocation and grant the motion to withdraw.
On November 22, 2010, Carter pled guilty to possession of a controlled substance
(cocaine), a Class C felony. He was sentenced to five years’ probation and ordered to pay
a fine of $1000, costs, and fees in monthly installments of $50. In November 2011, the State
filed a petition for revocation of probation, alleging several violations of the conditions of
1
This court has noted that, while the better practice is to cite Anders v. California,
Carter’s probation, including failing to make payments as directed and violating the law by
manufacturing methamphetamine in Illinois, possessing methamphetamine with intent to sell,
and possessing and using marijuana and methamphetamine.
At the revocation hearing, the State introduced evidence of Carter’s failure to make
payments as directed. In addition, testimony from both the probation officer and Carter
showed that, while on probation, Carter violated the law and was sentenced to four years in
the Illinois Department of Correction on a methamphetamine-related charge. At the
conclusion of the hearing, the court made detailed findings and found by a preponderance
of the evidence that Carter violated the conditions of his probation by failing to make
payments toward his fine and costs as ordered and failing to live a law-abiding life by
violating the law in Illinois. Upon revocation, he was sentenced to ten years’ suspended
imposition of sentence, conditioned in part on serving 180 days in the Department of
Community Correction, see Arkansas Code Annotated section 5-4-304 (Repl. 2013), as well
as paying the amounts previously ordered and further costs and fees. This appeal followed.
A request to withdraw as counsel on the ground that the appeal is wholly without
merit shall be accompanied by a brief including an abstract and addendum. Anders v.
California,
(1967); 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 trial court on all objections, motions, and requests made by either party with an
explanation as to why each adverse ruling is not a meritorious ground for reversal. Ark. Sup.
Ct. R. 4-3(k)(1).
2
Cite as
After reviewing the record and brief under the proper standards, we find compliance
with Rule 4-3 and hold that the appeal is wholly without merit.
Affirmed; motion to withdraw granted.
HIXSON and BROWN, JJ., agree.
C. Brian Williams, for appellant.
No response.
3
