ARKANSAS COURT OF APPEALS
DIVISION III
No. CR-16-644
Opinion Delivered January 18, 2017
DEANGELO DARNELL BATES
APPEAL FROM THE PULASKI
APPELLANT COUNTY CIRCUIT COURT,
SEVENTH DIVISION
V. [NO. 60CR-14-1532]
STATE OF ARKANSAS HONORABLE BARRY SIMS, JUDGE
APPELLEE APPEAL DISMISSED; MOTION TO
WITHDRAW GRANTED
DAVID M. GLOVER, Judge
On March 16, 2015, appellant Deangelo Darnell Bates entered a negotiated plea of
guilty to the offenses of felony theft of property, criminal mischief in the second degree, and
felony fleeing. He was placed on forty-eight months’ probation. The State filed a petition
to revoke Bates’s probation in June 2015, alleging Bates had tested positive on two occasions
for marijuana and had failed to pay restitution, fines, and court costs; Bates pled guilty to
violating his probation and was placed on forty-six months’ probation. The State filed a
second petition to revoke Bates’s probation in November 2015, alleging he had again tested
positive for marijuana and had failed to pay restitution, fines, and court costs. At the
revocation hearing, Bates pled guilty to the court and agreed he had tested positive for
marijuana and had failed to pay restitution, fines, and court costs. The trial court revoked
Bates’s probation and sentenced him to five years in the Arkansas Department of Correction.
Pursuant to Anders v. California,
Rules of the Supreme Court and Court of Appeals, Bates’s counsel has filed a motion to
withdraw on the ground that the appeal is wholly without merit. Counsel’s motion was
accompanied by a brief referring to everything in the record that might arguably support an
appeal, including a list of all rulings adverse to Bates 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. The clerk of this court furnished Bates with a copy
of his counsel’s brief and notified him of his right to file pro se points; he has not filed any
points.
We must dismiss this appeal because Bates pled guilty to the petition to revoke his
probation. As a general rule, a defendant may not appeal from an order entered pursuant to
a guilty plea; this rule is also applicable to pleas entered in a revocation proceeding. McJoy v.
State,
. There are essentially three exceptions to the general rule: (1) when
one enters a conditional guilty plea and retains the right to argue one of the specific issues in
Ark. R. Crim. P. 24.3(b); (2) when there is a challenge to evidence presented in a sentencing
hearing separate from the plea itself; and (3) when the assignment of error is from a sentence
or sentencing procedure that was not an integral part of the acceptance of the plea.
This
case does not fall into any of the three exceptions to the general rule of the nonappealability
of a guilty plea. Therefore, we dismiss the appeal and grant counsel’s motion to withdraw.
Appeal dismissed; motion to withdraw granted.
WHITEAKER and BROWN, JJ., agree.
William R. Simpson, Jr., Public Defender, Pat Aydelott, Deputy Public Defender, by:
Margaret Egan, Deputy Public Defender, for appellant.
Leslie Rutledge, Att’y Gen., by: Christian Harris, Ass’t Att’y Gen., for appellee.
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