Baxley v. State

Cite as 2017 Ark. App. 6
ARKANSAS COURT OF APPEALS
DIVISION I
CR-16-614
No.
OPINION DELIVERED: January 18, 2017
TANNER BAXLEY
APPEAL FROM THE HOT SPRING
COUNTY CIRCUIT COURT
APPELLANT [NO. 30CR-12-262-1]
V. HONORABLE CHRIS E WILLIAMS,
JUDGE
STATE OF ARKANSAS AFFIRMED; MOTION TO
APPELLEE WITHDRAW GRANTED
ROBERT J. GLADWIN, Judge
On December 11, 2012, appellant Tanner Baxley was placed on five years’ supervised
probation for the offense of theft by receiving, a Class C felony. He was ordered to pay
$150 in court costs, a $1,000 fine, a $250 DNA fee, and $951.50 in supervision fees. On
February 14, 2014, the State filed a petition to revoke Baxley’s probation. On June 24,
2014, an amended report of probation violation was filed alleging that Baxley had violated
the following conditions: 1-Laws, 2-Alcohol/Controlled Substances, 6-Reporting, 7-
Employment and Residence, 13-Supervision Fees, 14-Restitution and 15-Court Costs,
Fines, and DNA. At the hearing on the petition to revoke on April 12, 2016, Baxley
admitted to each of the alleged violations. The trial court sentenced appellant to ten years
in the Arkansas Department of Correction.
Cite as 2017 Ark. App.
This is a no-merit appeal filed pursuant to Anders v. California, 386 U.S. 738 (1967),
and Arkansas Supreme Court Rule 4-3(k) (2016). On appeal, Baxley’s counsel argues that
there are no meritorious grounds for appeal and asks to withdraw as counsel. The clerk of
this court mailed a certified copy of counsel’s motion and brief to Baxley in accordance with
Rule 4-3(k)(2), informing him of his right to file pro se points for reversal. Baxley has not
filed pro se points. Because counsel has complied with the requirements of Rule 4-3(k), 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. Gaines v. State, 2014 Ark. App. 651. Based
on our review of the record for potential error pursuant to Anders, supra, and the
requirements of Rule 4-3(k), we hold that Baxley’s appeal is wholly without merit.
Therefore, 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 circuit court’s revocation.
Affirmed; motion to withdraw granted.
HARRISON and VAUGHT, JJ., agree.
Gregory Crain, for appellant.
No response.
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