The opinion
Cite as 2025 Ark. App. 561
ARKANSAS COURT OF APPEALS
DIVISION II
No. CR-24-347
Opinion Delivered November 19, 2025
RICHARD LOPEZ
APPELLANT APPEAL FROM THE MILLER
COUNTY CIRCUIT COURT
[NO. 46CR-23-254]
V.
HONORABLE L. WREN AUTREY,
STATE OF ARKANSAS JUDGE
APPELLEE
DISMISSED; MOTION GRANTED
CASEY R. TUCKER, Judge
This is a no-merit appeal filed on behalf of Richard Lopez, who pleaded guilty to three
counts of negligent homicide, first-degree battery, and second-degree battery, resulting in
consecutive sentences of imprisonment in the Arkansas Division of Correction: 216 months
for each of the three counts of negligent homicide; 144 months for first-degree battery; and
36 months for second-degree battery. During the plea hearing, Lopez’s counsel made no
objections to the testimony or the evidence, and there were no adverse rulings. At the
sentencing hearing, there were no rulings adverse to Lopez, and there were no objections.
Lopez filed no posttrial motions. The sentencing order was filed on February 27, 2024, and
Lopez filed a timely notice of appeal.
Pursuant to Arkansas Supreme Court Rule 4-3(b) (2023) and Anders v. California, 386
U.S. 738 (1967), Lopez’s counsel has filed a motion to withdraw and a no-merit brief stating
that there are no meritorious grounds to support an appeal. The clerk of this court mailed a
certified copy of counsel’s motion and brief to Lopez informing him of his right to file pro
se points for reversal; however, he did not file any pro se points. Because Lopez did not file
any pro se points for reversal, the State did not file a brief.
We agree with counsel that the appeal is without merit because Lopez is not permitted
to bring an appeal. Except as provided by Arkansas Rule of Criminal Procedure 24.3(b),
there shall be no appeal from a plea of guilty or nolo contendere. Ark. R. App. P.– Crim.
1(a) (2023). Arkansas Rule of Criminal Procedure 24.3(b) allows a defendant to enter a
conditional guilty plea under certain specified circumstances. Lopez did not enter a
conditional plea under Rule 24.3(b).
Our supreme court has recognized two other exceptions to Rule 1(a). An appeal may
be taken after a guilty plea when there is a challenge to the testimony or the evidence
presented in a sentencing hearing separate from the plea itself. Burgess v. State, 2016 Ark.
175, at 4, 490 S.W.3d 645, 648. An appeal may also be taken from the denial of a
postjudgment motion to amend an incorrect or illegal sentence following a guilty plea. Reeves
v. State, 339 Ark. App. 304, 5 S.W.3d 41 (1999). When the appeal from a guilty plea does
not fall under one of these exceptions, we must dismiss for lack of jurisdiction. Starks v. State,
2019 Ark. App. 182, 574 S.W.3d 700. Neither of these exceptions applies here. Thus,
Lopez’s appeal is dismissed, and the motion to withdraw is granted.
Dismissed; motion granted.
WOOD and BROWN, JJ., agree.
Phillip A. McGough, P.A., by: Phillip A. McGough, for appellant.
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One brief only.
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