Opinion
No. CR-12-885
06-19-2013
NICOLE LEIGH FOSTER APPELLANT v. STATE OF ARKANSAS APPELLEE
C. Brian Williams, for appellant. No response.
APPEAL FROM THE CRITTENDEN
COUNTY CIRCUIT COURT
[NO. CR-2002-200B]
HONORABLE JOHN N.
FOGLEMAN, JUDGE
AFFIRMED; MOTION TO
WITHDRAW GRANTED
JOHN MAUZY PITTMAN , Judge
Appellant entered a guilty plea to a felony charge of possession of a controlled substance. She was sentenced to a five-year term of imprisonment to be followed by the suspended imposition of sentence to an additional term. Subsequently, the State filed a petition to revoke appellant's suspension, alleging that she violated the conditions thereof by failure to pay fines and costs. After a hearing, she was found to have violated the conditions of her suspension and was sentenced to two years in the Arkansas Department of Correction.
Pursuant to Anders v. California, 386 U.S. 738 (1967), and Arkansas Supreme Court Rule 4-3(k), appellant's counsel has filed a motion to be relieved, stating that there is no merit to the appeal. The motion is accompanied by an abstract and addendum of the proceedings below, including all objections and motions decided adversely to appellant, 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 her counsel's brief and notified her of her right to file a pro se statement of points for reversal within thirty days. Appellant has filed no such statement.
We note for benefit of appellant's counsel that this rule was amended in 2008, resulting in former Rule 4-3(j) being redesignated as 4-3(k).
From our review of the record and the brief presented to us, we find compliance with Rule 4-3(k) and that the appeal is without merit. Accordingly, counsel's motion to withdraw is granted, and the revocation order is affirmed.
Affirmed; motion to withdraw granted.
WYNNE and GRUBER, JJ., agree.
C. Brian Williams, for appellant.
No response.