Opinion
No. CACR11-921
02-27-2013
ROBERT ANDREW TERRY APPELLANT v. STATE OF ARKANSAS APPELLEE
S. Butler Bernard, Jr., for appellant. Dustin McDaniel, Att'y Gen., by: Nicana C. Sherman, Ass't Att'y Gen., for appellee.
APPEAL FROM THE CRITTENDEN COUNTY CIRCUIT COURT [NO. CR-2010-1574]
HONORABLE RALPH WILSON, JR., JUDGE
AFFIRMED; MOTION TO WITHDRAW GRANTED
JOHN MAUZY PITTMAN , Judge
Appellant was found guilty by a jury of aggravated residential burglary, aggravated robbery, and attempted capital murder. He was sentenced to forty years' imprisonment on each count, to be served concurrently. 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 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 a statement of points consisting entirely of matters that are either sufficiently explained as non-meritorious by counsel or not preserved for appellate review.
From our review of the record and the briefs 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.
GRUBER and WHITEAKER, JJ., agree.
S. Butler Bernard, Jr., for appellant.
Dustin McDaniel, Att'y Gen., by: Nicana C. Sherman, Ass't Att'y Gen., for appellee.