Buckley v. State

Cite as 2015 Ark. App. 19
ARKANSAS COURT OF APPEALS
DIVISION I
CR-14-522
No.
Opinion Delivered January 14, 2015
ALONZO BUCKLEY APPEAL FROM THE CRITTENDEN
APPELLANT COUNTY CIRCUIT COURT
[NO. CR-12-33]
V.
HONORABLE JOHN N.
STATE OF ARKANSAS FOGLEMAN, JUDGE
APPELLEE
AFFIRMED; MOTION TO
WITHDRAW GRANTED
WAYMOND M. BROWN, Judge
Appellant Alonzo Buckley’s probation was revoked on the underlying charge of
residential burglary after the trial court found that he had violated the terms and conditions
of his probation. He was sentenced to five years’ imprisonment with an additional ten years’
suspended imposition of sentence (SIS). Pursuant to Anders v. California1 and Arkansas
Supreme Court Rule 4-3(k), Buckley’s counsel has filed a motion to withdraw on the
grounds that an appeal would be wholly without merit. Buckley was notified of his right to
file pro se points for reversal; however, he has not done so. We affirm the revocation and
grant counsel’s motion to withdraw.
1
386 U.S. 738 (1967).
Cite as 2015 Ark. App. 19
The test for filing a no-merit brief is not whether there is any reversible error, but
whether an appeal would be wholly frivolous.2 We have reviewed the entire record and
counsel’s brief and conclude that Buckley’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,3 we issue this memorandum opinion affirming the court’s revocation and granting
counsel’s motion to be relieved.
Affirmed; motion to withdraw granted.
HARRISON and VAUGHT, JJ., agree.
C. Brian Williams, for appellant.
No response.
2
Tucker v. State, 47 Ark. App. 96, 885 S.W.2d 904 (1994).
3
16 Ark. App. 301, 700 S.W.2d 63 (1985).
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