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Boen v. State

Court of Appeals of Arkansas, Division I
Jul 1, 2009
336 S.W.3d 883 (Ark. Ct. App. 2009)

Summary

rebriefing ordered where a no-merit brief did not address trial court's post-sentencing ruling refusing to allow the initial bond of $10,000 to stand and instead setting the appeal bond at $50,000

Summary of this case from Reed v. State

Opinion

CACR08-588

Opinion Delivered July 1, 2009

Appeal from the Johnson County Circuit Court, [No. Cr2006-102], The Honorable James D. Kennedy, Judge.

Rebriefing Ordered.


A jury convicted Jeffrey Boen of theft of property and first-degree criminal mischief. On his theft conviction, Boen was sentenced to fifteen years in the Arkansas Department of Correction and ordered to pay a $15,000.00 fine. And he was sentenced to one year in the Johnson County Jail and assessed a $1,000.00 fine on his first-degree criminal mischief conviction. Boen's lawyer has filed a no-merit brief pursuant to Anders v. California, 386 U.S. 738 (1967) and Arkansas Supreme Court Rule 4-3(k)(1). This brief purports to list all of the adverse rulings and to explain why none have merit. Boen filed a list of pro se points for reversal. Boen's lawyer has also moved to withdraw.

We must order rebriefing. The governing rule requires counsel to list "all" adverse rulings and explain why each ruling would not warrant reversal. Ark. Sup. Ct. R. 4-3(k)(1). The precedent requires full compliance with the rule. E.g., Brady v. State, 346 Ark. 298, 302, 57 S.W.3d 691, 694 (2001); Brown v. State, 85 Ark. App. 382, 393-94, 155 S.W.3d 22, 29 (2004). Boen's attorney missed two adverse rulings. First, the prosecutor objected during Boen's attorney's closing argument. And the circuit court sustained this objection. Second, after sentencing, Boen's attorney asked the circuit court to allow Boen's initial bond of $10,000.00 to stand, but the circuit court refused and set Boen's appeal bond at $50,000.00. Counsel should file a new brief within thirty days that also addresses these adverse rulings.

Rebriefing ordered.

HART and GLOVER, JJ., agree.


Summaries of

Boen v. State

Court of Appeals of Arkansas, Division I
Jul 1, 2009
336 S.W.3d 883 (Ark. Ct. App. 2009)

rebriefing ordered where a no-merit brief did not address trial court's post-sentencing ruling refusing to allow the initial bond of $10,000 to stand and instead setting the appeal bond at $50,000

Summary of this case from Reed v. State
Case details for

Boen v. State

Case Details

Full title:Jeffrey L. BOEN, Appellant v. STATE of Arkansas, Appellee

Court:Court of Appeals of Arkansas, Division I

Date published: Jul 1, 2009

Citations

336 S.W.3d 883 (Ark. Ct. App. 2009)
2009 Ark. App. 535

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