Brown v. State

Full title: Bobby BROWN, Appellant v. STATE of Arkansas, Appellee

Court: Court of Appeals of Arkansas, Division III

Date published: Apr 27, 2011

2011 Ark. App. 309 (Ark. Ct. App. 2011)

Opinion

CA CR 10-631

Opinion Delivered April 27, 2011

Appeal from Cleburne County Circuit Court, [CR2009-47], Honorable John Dan Kemp, Judge, Affirmed; Motion Granted.

RITA W. GRUBER, Judge.

Appellant Bobby Brown was tried by a jury, was convicted of possession of methamphetamine, and was sentenced as a habitual offender to 132 months' imprisonment in the Arkansas Department of Correction. His no-merit appeal comes before us for a second time, and his counsel has again filed a motion to withdraw. We previously denied the motion and ordered rebriefing because of omissions in counsel's brief. Brown v. State, 2011 Ark. App. 25.

The omissions in counsel's earlier brief have been corrected. The brief now before us addresses all rulings by the trial court that were adverse to Brown: the denial of his motion for a directed verdict, the refusal to instruct the jury on an alternative sentence of probation, and the finding that Brown had the ability to assist in his defense and was competent to proceed to trial. From our review of the record and counsel's brief, we hold that the requirements of Arkansas Supreme Court Rule 4-3(k)(1) (2009) and Anders v. California, 386 U.S. 738 (1967), have been met and that the appeal has no merit. We therefore grant counsel's motion to withdraw and affirm the conviction.

Affirmed; motion granted.

HART and MARTIN, JJ., agree.