Opinion
CACR05-230
Opinion Delivered January 11, 2006
Appeal from the Pulaski County Circuit Court, Fifth Division, [No. CR2004-1508], Honorable Willard Proctor, Jr. Judge, Affirmed; Motion Granted.
Hezekiah Pierce was convicted by a jury in Pulaski County of two misdemeanor counts of theft by receiving, one felony count of theft by receiving and one misdemeanor count of fleeing. He was sentenced to twenty years in the Arkansas Department of Correction for felony theft by receiving, and the misdemeanor sentences were merged with the felony.
Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(j) of the Arkansas Rules of the Supreme Court and Court of Appeals, appellant's counsel has filed a motion to withdraw on the grounds 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 appellant made by the trial court on all motions with an explanation as to why each adverse ruling is not a meritorious ground for reversal. Appellant has been furnished with a copy of his counsel's brief and he was notified of his right to file pro se points of appeal; however, he has not filed any points.
From a review of the record and the brief presented to this court, appellant's counsel has complied with the requirements of Rule 4-3(j) of the Arkansas Rules of the Supreme Court and the Court of Appeals, and the appeal is wholly without merit. Counsel's motion to be relieved is granted, and appellant's judgment of conviction is affirmed.
Affirmed.
PITTMAN, C.J., and GRIFFEN, J., agree.