Simpson v. State

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Cite as 2016 Ark. App. 336
ARKANSAS COURT OF APPEALS
DIVISION IV
No. CR-15-649
Opinion Delivered June 22, 2016
JAMAAL DULANE SIMPSON
APPELLANT APPEAL FROM THE BENTON
COUNTY CIRCUIT COURT
[NO. CR-2 012-7 04-1]
HONORABLE ROBIN F. GREEN,
JUDGE
STATE OF ARKANSAS AFFIRMED; MOTION TO
APPELLEE WITHDRAW GRANTED
M. MICHAEL KINARD, Judge
The appellant, Jamaal Dulane Simpson, was convicted of delivery of a controlled
substance (cocaine) and possession of drug paraphemalia and was sentenced as a habitual
offender to consecutive prison terms totaling sixty-five years. He previously appealed those
convictions to this court. 'We found sufhcient merit in one of appellant's points for appeal
to warrant a limited remand co the trial court for the purpose of holding a hearing to
determine whether appellant had been competent at the time of his trial. See Simpson u.
State,2015 Ark. App. 103, 455 S.W.3d 856. Thar hearing was held, after which the trial
court entered an order finding that appellant had been fit to proceed to trial. Appellant has
again appealed.
Pursuant to Anders u. Callfornia, 386 U.S. 738 (1967), and Arkansas Supreme Court
Rule 4-3(k), appellant's attorney has filed a motion to be relieved as counsel, stating that
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Cite as 2016 Ark. App. 336
there is no merit to the appeal. The motion is accompanied by an abstract and addendum
of the proceedings below and a brief in which counsel asserts that there is nothing in the
record that would support an appeal. The clerk of this court served appellant with a copy
of his counsel's brief and notified him of his right to file a pro se statement of points for
reversal within thirry days. Appellant has filed no such statement.
From our review ofthe record and the briefpresented to us, we find compliance with
Rule 4-3(k) and that an appeal would be wholly without merit. Accordingly, counsel's
motion to withdraw is granted, and the judgment is affirmed.
Affirmed; motion to withdraw granted.
'WHITEAKER
and HlxsoN, JJ., agree.
Robert M. "Robby" Golden, for appellant.
No response.