ARKANSAS COURT OF APPEALS
DIVISION III
No. CR-15-9
ZACKERY WARREN SHADWICK Opinion Delivered January 13, 2016
APPELLANT
APPEAL FROM THE JOHNSON
V. COUNTY CIRCUIT COURT
[NO. CR-2014-66]
STATE OF ARKANSAS HONORABLE WILLIAM M.
APPELLEE PEARSON, JUDGE
AFFIRMED; MOTION TO
WITHDRAW GRANTED
RITA W. GRUBER, Judge
Appellant Zachery Warren Shadwick was convicted by a jury in Johnson County
Circuit Court of distributing, possessing, or viewing matter depicting sexually explicit
conduct involving a child in violation of
(b)(Repl. 2013). He was sentenced to twenty-six
years’ imprisonment in the Arkansas Department of Correction: ten years on Count One,
ten years on Count Two, and six years on Count Three, to run consecutively.
Pursuant to Arkansas Supreme Court Rule 4-3(k) and Anders v. California,
(1967), appellant’s counsel has filed a motion to withdraw, stating that there is no merit
to an appeal. The motion is accompanied by an abstract and addendum of the proceedings
Cite as
below and a brief in which counsel explains why there is nothing in the record that would
support an appeal. The clerk of this court served appellant with a copy of counsel’s brief and
notified him of his right to file pro se points. Appellant has filed pro se statements of points
for reversal, and the State has filed a response thereto.
The test for filing a no-merit brief is not whether there is any reversible error but
rather would an appeal be wholly frivolous. House v. State,
. From our
review of the record and the brief presented to us, we find compliance with Rule 4-3(k), and
after consideration of appellant’s pro se points for reversal, we hold that there is no merit to
an appeal.
Affirmed; motion to withdraw granted.
HIXSON and BROWN, JJ., agree.
Robert M. “Robby” Golden, for appellant.
Leslie Rutledge, Att’y Gen., by: Valerie Glover Fortner, Ass’t Att’y Gen., for appellee.
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