The opinion
Cite as 2020 Ark. App. 324
Reason: I attest to the accuracy
and integrity of this document
Date: 2021-07-07 12:35:51
ARKANSAS COURT OF APPEALS
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DIVISION I
No. CR-19-479
ROBERT EUGENE DYAS Opinion Delivered: June 3, 2020
APPELLANT
APPEAL FROM THE GRANT
COUNTY CIRCUIT COURT
[NO. 27CR-16-41]
V.
HONORABLE EDDY EASLEY, JUDGE
SUPPLEMENTAL ADDENDUM
STATE OF ARKANSAS ORDERED; MOTION TO WITHDRAW
APPELLEE DENIED
RAYMOND R. ABRAMSON, Judge
On February 4, 2019, Robert Eugene Dyas was sentenced by the Grant County Circuit
Court to one year in the Arkansas Community Correction (ACC) with an additional five years’
probation after the court revoked his probation imposed for possession of methamphetamine with
purpose to deliver, a Class B felony. Because Dyas was not eligible to serve his sentence in the ACC
due to his medical condition of osteomyelitis, the circuit court held a hearing on February 19 and
resentenced Dyas to ten years’ imprisonment in the Arkansas Department of Correction.
Dyas filed a timely notice of appeal, and his counsel filed a motion to withdraw and a no-
merit brief pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(k)(1) (2019) of the
Rules of the Arkansas Supreme Court and Court of Appeals.1 Counsel asserts that there is no issue
1
Appellate counsel fails to cite Anders, supra, and Rule 4-3(k) in her motion to be relieved
and incorrectly cites Rule 4-3(k) as Rule 4-3(j) throughout her appellate brief. It is imperative that
appellate counsel follow the appropriate procedure when filing motions to withdraw as counsel. See
Brown v. State, 85 Ark. App. 382, 392, 155 S.W.3d 22, 28 (2004). It would be the better practice
to include those citations in the motion, and we urge counsel to pay closer attention to our Rules
before filing no-merit appeals.
of arguable merit for an appeal. We deny counsel’s motion to withdraw and order supplementation
of the addendum.
Arkansas Supreme Court Rule 4-2(a)(8) requires that the addendum to appellant’s brief
include all documents that are essential for the appellate court to understand the case and to decide
the issues on appeal. See also Ark. Sup. Ct. R. 4-3(k)(1) (“The abstract and addendum of the brief
shall contain, in addition to the other material parts of the record, all rulings adverse to the defendant
made by the circuit court.” (Emphasis added.)). Dyas’s addendum does not contain his written
conditions of probation, which is essential to our review of this case and his counsel’s argument that
the circuit court did not err in finding that Dyas violated a condition. See Baney v. State, 2016 Ark.
App. 405.
We note that the addendum also does not contain the original information or the judgment
placing Dyas on probation, but we emphasize that the deficiencies listed herein are not meant to be
an exhaustive list. Accordingly, we encourage counsel to review our rules and ensure that there are
no other deficiencies in the record or brief, and we order appellant to file a supplemental addendum
within seven calendar days of this opinion’s date. Ark. Sup. Ct. R. 4-2(b)(4).
Supplemental addendum ordered; motion to withdraw denied.
VIRDEN and SWITZER, JJ., agree.
Laura Avery, for appellant.
One brief only.
2