ARI(ANSAS COURT OF APPEALS
DIVISION I
tto. CR-14-971
ARNOLD LEE McCABE, SR. opinion DeliveredJuNE 17, 2015
APPELLANT
APPEAL FROM THE CRAWFORD
COUNTY CIRCUIT COURT
lNo. 17CR-10-4401
STATE OF ARKANSAS HONORABLE GARY RAY
APPELLEE COTTRELL, JUDGE
AFFIRMED; MOTION TO
WITHDRAW GRANTED
DAVID M. GLOVER, Judge
ln 2011, Arnold McCabe pled guilry to the offense of battery in the second degree
on an employee of a correctional facility. He was sentenced to two years in the Arkansas
Department of Correction, to be followed by an additional four years' suspended imposition
of sentence. On February 7, 2074, the State filed a petition to revoke his suspended
sentence, allegng that he violated its terms and conditions by conrnritting the offense of
second-degree battery on or about January 2, 2014. The revocation hearing was held on
May 7,201,4. The primary testimony came from Derek Steward, who was McCabe's friend
and the alleged victim o[ the attack. Following the hearing, the trial court revoked
McCabe's suspended sentence and sentenced him ro four years in the Arkansas Departnrent
of Correction.
t
f
(1967), and Rule 4-3(k) of the
Rules of the Arkansas Supreme Court and Court of Appeals, contending that an appeal in
this case would be wholly without merit. Counsel's abstract and addendum include all ofthe
trial court's rulings that were adverse to McCabe, and counsel also explains why those rulings
would not support a meritorious appeal. The clerk of our couft provided McCabe with a
copy of his counsel's motion and brief and alerted McCabe to his right to file points of
appeal, which he did. The State has filed a brief in response to those points and
supplemented the addendum, adding the proof of service, the underlying plea agreement,
and the conditions for the suspended sentence.
Based on our review of the record and the briefs presented to this court, we conclude
that there has been flull compliance with
and our Rule 4-3(k), and that an
appeal in this case would be wholly without merit. Counsel's motion to withdraw is
granted, and the revocation of McCabe's suspended sentence and imposition of a four-year
sentence is affirmed.
A{firmed; motion to withdraw granted.
HnRRlsoN and KtNaRo,lJ., agree.
Lisa-Marie Norris, for appellant.
No response.
cR-14-97r
