Opinion
No. CACR 12-279
01-16-2013
MONTREL MARQUETTE WEEDEN APPELLANT v. STATE OF ARKANSAS APPELLEE
C. Brian Williams , for appellant. No response.
APPEAL FROM THE CRITTENDEN
COUNTY CIRCUIT COURT
[NO. CR-11-472]
HONORABLE RALPH WILSON,
JR., JUDGE
AFFIRMED; MOTION TO
WITHDRAW GRANTED
WAYMOND M. BROWN, Judge
Appellant appeals from the circuit court's imposition of 120 months' supervised probation for violating terms and conditions of his previously imposed probation. Appellant's counsel has filed a no-merit brief and motion to withdraw, pursuant to Anders v. California, and Arkansas Supreme Court Rule 4-3(k), stating that there are no meritorious grounds to support an appeal. The clerk mailed a certified copy of counsel's motion and brief to Appellant, informing him of his right to file pro se points for reversal. Appellant failed to file pro se points for reversal. We affirm the court's imposition of 120 months' supervised probation and grant counsel's motion to withdraw.
386 U.S. 738 (1967).
(2011).
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Appellant was charged with possession of a controlled substance with intent to sell or deliver, a Class Y felony, to which he pled guilty on May 27, 2011. He received a sentence of supervised probation for thirty-six months plus court costs and fees. On September 2, 2011, the State filed a Petition for Revocation of Probation on the following grounds: (1) failure to pay fines, costs, and fees as directed; (2) failure to report to probation as directed; (3) failure to pay probation fees; (4) failure to notify sheriff and probation officer of current address and employment; and (5) being charged with aggravated assault in Shelby County, Tennessee. In a hearing on December 15, 2011, appellant was found to have violated terms and conditions of his probation, namely that appellant had (1) inexcusably failed to comply with probation condition number one requiring him to pay all fines and court costs as provided in the judgment and disposition order; and (2) inexcusably failed to comply with probation condition number two requiring him to pay a $25 per month probation fee. After a sentencing hearing on December 15, 2011, appellant was sentenced to 120 months supervised probation from May 27, 2011, and 120 days in the county jail with credit for time served. Appellant appeals from this sentence.
In compliance with Anders and Rule 4-3(k), counsel ordered the entire record and found, after a conscientious review of the record, there are no issues of arguable merit for appeal. Counsel's brief adequately covered each action that was adverse to appellant below. After carefully examining the record and the brief presented to us, we believe counsel has complied with the requirements established by the Arkansas Supreme Court for no-merit appeals in probation-revocation cases and conclude that the appeal is wholly without merit. Accordingly, we affirm the sentence imposed on appellant and grant counsel's motion to withdraw.
Affirmed; motion to withdraw granted.
PITTMAN and WYNNE, JJ., agree.
C. Brian Williams, for appellant.
No response.