Opinion

Gammon v. State

  • 2015 Ark. App. 52
Court
Court of Appeals of Arkansas
Filed
Feb 4, 2015
Status
Published
On the bench
Brandon J. Harrison
Cited by
0 cases
Authority
More cited than 34.0%

The opinion

Cite as 2015 Ark. App. 52

ARKANSAS COURT OF APPEALS

DIVISION I

No. CR-14-383

Opinion Delivered February 4, 2015

ANTONIO GAMMON APPEAL FROM THE CRITTENDEN

APPELLANT COUNTY CIRCUIT COURT

[NO. CR-2012-1090]

V.

HONORABLE RANDY F.

STATE OF ARKANSAS PHILHOURS, JUDGE

APPELLEE

AFFIRMED; MOTION TO

WITHDRAW GRANTED

BRANDON J. HARRISON, Judge

Antonio Gammon pleaded guilty to residential burglary and theft of property and

was placed on probation in November 2012. His probation was revoked in January 2014

after the circuit court found that he had committed several violations of his probation.

On appeal, Gammon’s counsel argues that there are no meritorious grounds for appeal and

asks to withdraw as counsel. The clerk of our court mailed a certified copy of counsel’s

motion and brief to Gammon in accordance with Rule 4-3(k)(2) of the Arkansas Rules of

the Supreme Court, informing him of his right to file pro se points for reversal. Gammon

has not filed pro se points for reversal. Because counsel has complied with the

requirements of Rule 4-3(k), we grant the motion to withdraw and affirm.

The test for filing a no-merit brief is not whether there is any reversible error, but

whether an appeal would be wholly frivolous. Tucker v. State, 47 Ark. App. 96, 885

S.W.2d 904 (1994). Based on our review of the record for potential error pursuant to

1

Cite as 2015 Ark. App. 52

Anders v. California, 386 U.S. 738 (1967), and the requirements of Rule 4-3(k), we hold

that Gammon’s appeal is wholly without merit. Therefore, pursuant to sections (a) and

(b) of In re Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d 63 (1985), we issue this

memorandum opinion granting counsel’s motion to withdraw and affirming the circuit

court’s revocation.

Affirmed; motion to withdraw granted.

VAUGHT and BROWN, JJ., agree.

C. Brian Williams, for appellant.

No response.

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.