Opinion
No. CACR12-315
01-16-2013
JUSTIN SMITH APPELLANT v. STATE OF ARKANSAS APPELLEE
Potts Law Office, by: No response.
APPEAL FROM THE JEFFERSON
COUNTY CIRCUIT COURT
[NO. CR-2011-218-2]
HONORABLE ROBERT H. WYATT,
JR., JUDGE
AFFIRMED; MOTION TO
WITHDRAW GRANTED
JOHN MAUZY PITTMAN , Judge
This is an appeal from convictions for aggravated assault, committing a terroristic act, and criminal mischief based on evidence that appellant chased the victim out of a Pine Bluff filling station, shooting at the victim as he fled. Pursuant to Anders v. California, 386 U.S. 738 (1967), and A rkansas 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 his counsel's brief and notified him of his right to file a pro se statement of points for reversal within thirty days. Appellant has filed no statement.
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 convictions are affirmed.
Affirmed; motion to withdraw granted.
WYNNE and BROWN, JJ., agree.
Potts Law Office, by: Gary W. Potts, for appellant.
No response.