Cummins v. State

Cite as 2013 Ark. App. 657
ARKANSAS COURT OF APPEALS
DIVISION III
No. CR-13-157
Opinion Delivered November 6, 2013
APPEAL FROM THE PULASKI
BOBBY CUMMINS COUNTY CIRCUIT COURT,
APPELLANT FOURTH DIVISION
[NO. CR-2011-1355]
V.
HONORABLE HERBERT WRIGHT,
STATE OF ARKANSAS JUDGE
APPELLEE DISMISSED; MOTION TO
WITHDRAW GRANTED
RHONDA K. WOOD, Judge
This is a no-merit appeal from a probation revocation. Bobby Cummins pleaded
guilty to various offenses in January 2012 and was sentenced to five years’ probation. In
September 2012, the prosecutor filed an amended petition to revoke Cummins’s
probation, alleging that he had committed new crimes, failed to complete community
service hours, failed to report to his probation officer, refused to submit to drug tests,
failed to complete GED classes, and failed to pay his fines. Cummins pleaded guilty to
these charges, and the circuit court revoked his probation and sentenced him to prison.
Cummins’s appellate counsel has filed a no-merit brief and motion to withdraw
under Anders v. California, 386 U.S. 738 (1967), and Ark. Sup. Ct. R. 4-2(k)(2) (2013).
Cite as 2013 Ark. App. 657
The brief and motion comply with the rules for these types of appeals. Cummins was
given an opportunity to file a pro se points, but has declined to do so.
We hold that the appeal is without merit because, generally, a defendant cannot
appeal from a guilty plea. Ark. R. App. P.–Crim. 1(a) (2013). Exceptions to this rule
include (1) conditional-guilty pleas, (2) when the issue on appeal is one of evidentiary
errors that happened during the sentencing phase of the trial, or (3) the denial of a
postjudgment motion to amend an incorrect or illegal sentence. Johnson v. State, 2010 Ark.
63; Reeves v. State, 339 Ark. 304, 5 S.W.3d 41 (1999); Ark. R. Crim. P. 24.3(b). None of
those exceptions apply here. Cummins’s appeal is therefore dismissed, and the motion to
withdraw is granted. See Wise v. State, 2013 Ark. App. 1.
Dismissed; motion to withdraw granted.
GLADWIN, C.J., and PITTMAN, J., agree.
William R. Simpson, Jr., Public Defender; Brandy Turner, Deputy Public Defender,
by: Margaret Egan, Deputy Public Defender, for appellant.
No response.
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