Young v. State

Cite as 2017 Ark. App. 8
ARKANSAS COURT OF APPEALS
DIVISION I
No. CR-16-320
Opinion Delivered January 18, 2017
JAVIAN YOUNG APPEAL FROM THE JEFFERSON
APPELLANT COUNTY CIRCUIT COURT
[NO. 35CR-12-592]
V.
HONORABLE BERLIN C. JONES,
STATE OF ARKANSAS JUDGE
APPELLEE
AFFIRMED; MOTION TO
WITHDRAW GRANTED
BRANDON J. HARRISON, Judge
Javian Young appeals from the revocation of his probation and related sentence of
seven years’ imprisonment. Young’s attorney has filed a no-merit brief pursuant to Anders
v. California, 386 U.S. 738 (1967), and Ark. Sup. Ct. R. 4-3(k)(1) (2016), along with a
motion to withdraw as counsel, asserting that there is no issue of arguable merit for an
appeal. Our court’s clerk mailed a certified copy of counsel’s motion and brief to Young
pursuant to Ark. Sup. Ct. R. 4-3(k)(2), informing him of his right to file pro se points for
reversal. Young has not filed any points, and the State has not filed a brief. We grant the
motion to withdraw and affirm.
The test for filing a no-merit brief is not whether there is any reversible error, but
whether an appeal would be wholly frivolous. Tucker v. State, 47 Ark. App. 96, 885 S.W.2d
904 (1994). Based on our review of the record for potential error pursuant to Anders and
the requirements of Rule 4-3(k), we hold that Young’s appeal is wholly without merit. So
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Cite as 2017 Ark. App. 8
pursuant to sections (a) and (b) of In re Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d
63 (1985), we issue this memorandum opinion granting counsel’s motion to withdraw and
affirming the court’s revocation.
Affirmed; motion to withdraw granted.
GLADWIN and VAUGHT, JJ., agree.
Potts Law Office, by: Gary W. Potts, for appellant.
No response.
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