Kindle v. State

Cite as 2015 Ark. App. 13
ARKANSAS COURT OF APPEALS
DIVISION II
No. CR-14-377
Opinion Delivered January 14, 2015
LAQUAY MARQUICE KINDLE
APPELLANT APPEAL FROM THE JOHNSON
COUNTY CIRCUIT COURT
[NO. CR-2012-102]
V.
HONORABLE BILL PEARSON,
JUDGE
STATE OF ARKANSAS
APPELLEE AFFIRMED; MOTION TO
WITHDRAW GRANTED
PHILLIP T. WHITEAKER, Judge
Laquay Kindle appeals from an order of the Johnson County Circuit Court revoking
his probation on two felonies and sentencing him to seventy-two months in the Arkansas
Department of Correction. Pursuant to Anders v. California, 386 U.S. 738 (1967), and
Arkansas Supreme Court Rule 4-3(k) (2013), Kindle’s attorney has filed a no-merit brief and
a motion to withdraw, addressing all of the adverse rulings made at the revocation hearing,
explaining why each adverse ruling is not a meritorious ground for reversal, and requesting
to be relieved as counsel. Kindle was provided with a copy of his counsel’s brief and motion
and informed of his right to file pro se points. He has not done so.
The test for filing a no-merit brief is not whether there is any reversible error, but
rather whether an appeal would be wholly frivolous. Gaines v. State, 2014 Ark. App. 651;
Cite as 2015 Ark. App. 13
Tucker v. State, 47 Ark. App. 96, 885 S.W.2d 904 (1994). We have reviewed the entire
record and counsel’s brief and conclude that Kindle’s counsel has adequately explained why
there is no meritorious issue on appeal. 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 be relieved and affirming the circuit court’s revocation.
Affirmed; motion to withdraw granted.
GLADWIN , C.J., and HIXSON , J., agree.
John C. Burnett, for appellant.
No response.
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