Price v. State

Cite as 2015 Ark. App. 173
ARKANSAS COURT OF APPEALS
DIVISION I
No. CR-14-364
DELBERT RAYMOND PRICE Opinion Delivered March 11, 2015
APPELLANT
APPEAL FROM THE WASHINGTON
V. COUNTY CIRCUIT COURT
[NO. CR-2013-1576-1]
STATE OF ARKANSAS HONORABLE WILLIAM A. STOREY,
APPELLEE JUDGE
REBRIEFING ORDERED; MOTION
TO WITHDRAW DENIED
DAVID M. GLOVER, Judge
Delbert Price was tried by the court as a habitual offender and found guilty of the
offense of theft of a rented vehicle. He was sentenced to thirty years in the Arkansas
Department of Correction, with twenty-four years of the sentence suspended. A notice of
appeal was timely filed. Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-
3(k) of the Rules of the Arkansas Supreme Court and Court of Appeals, Price’s counsel has
filed a motion to withdraw, accompanied by an abstract, addendum, and brief, contending
that there are no meritorious grounds for appeal. The clerk of our court mailed a certified
copy of counsel’s motion and brief to Price in accordance with Supreme Court Rule 4-
3(k)(2), informing him of his right to file pro se points for reversal. Price has not filed any
points. We deny the motion to withdraw and return the case to Price’s counsel for
Cite as 2015 Ark. App. 173
rebriefing because the requirements of Anders, supra, and our Rule 4-3(k) have not been
satisfied.
An attorney attempting to withdraw from a criminal appeal is obligated to list every
adverse ruling and explain how each ruling could provide no meritorious grounds for
reversal. Weaver v. State, 2013 Ark. App. 310. Even a single omission from a no-merit brief
necessarily requires rebriefing. Id. Here, counsel has discussed the denials of his motions for
directed verdict, but he has addressed the remaining adverse rulings by stating, “No other
substantive objections or motions were made at trial.” That is not sufficient. There are
several adverse rulings that were not addressed by counsel in his brief. Substantive or not,
all adverse rulings must be addressed.
Counsel is directed to file a substituted abstract, brief, and addendum within fifteen
days from the date of this opinion, and, before doing so, we strongly encourage counsel to
carefully review the rules and Anders, supra, to ensure that no other deficiencies exist.
Rebriefing ordered; motion to withdraw denied.
VIRDEN and GRUBER, JJ., agree.
Camille Edmison-Wilhelmi, for appellant.
No response.
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