DocketNumber： CV-13-627
Judges： Rhonda K. Wood
Filed Date： 1/8/2014
Status： Precedential
Modified Date： 4/17/2021
Cite as2014 Ark. App. 15
ARKANSAS COURT OF APPEALS DIVISION III No. CV-13-627 Opinion Delivered January 8, 2014 FARON LEWALLEN APPEAL FROM THE SEBASTIAN COUNTY CIRCUIT COURT, APPELLANT FORT SMITH DISTRICT [JV-2011-587] V. HONORABLE JIM D. SPEARS, ARKANSAS DEPARTMENT OF JUDGE HUMAN SERVICES and MINOR CHILD AFFIRMED; MOTION TO APPELLEES WITHDRAW GRANTED RHONDA K. WOOD, Judge This is a no-merit appeal from an order terminating Faron Lewallen’s parental rights to his child, B.L. Lewallen’s appellate counsel has filed a brief and motion to withdraw under Linker-Flores v. Arkansas Department of Human Services,359 Ark. 131
,194 S.W.3d 739
(2004), and Ark. Sup. Ct. R. 6-9(i) (2013). Lewallen was given an opportunity to file pro se points but has declined to do so. We affirm and grant counsel’s motion because there is no meritorious basis for an appeal. B.L. entered the Department of Human Services’s custody after Lewallen was driving drunk with B.L. in the car. The juvenile court established Lewallen’s paternity and adjudicated B.L. dependent-neglected. B.L.’s mother consented to Cite as2014 Ark. App. 15
the termination of her parental rights, and the court held a termination hearing regarding Lewallen’s parental rights 19 months after B.L. came into care. There, it was established that Lewallen was a sex offender, was homeless, had no income, and had failed to admit that he had a drinking problem. Accordingly, the court terminated his parental rights. Counsel has complied with our requirements for no-merit termination cases. The brief addresses the adverse rulings and termination order and adequately explains why there is no arguable basis to appeal these decisions. After examining the record we agree that an appeal would be meritless. We therefore affirm by memorandum opinion, In re Memorandum Opinions,16 Ark. App. 301
,700 S.W.2d 63
(1985), and grant the motion to withdraw. Affirmed; motion to withdraw granted. HARRISON and GRUBER, JJ., agree. Deborah R. Sallings, Arkansas Public Defender Commission, for appellant. No response.