The opinion
Cite as 2017 Ark. App. 15
ARKANSAS COURT OF APPEALS
DIVISION III
No. CR-16-529
MARK JEFFERY LIVINGSTON Opinion Delivered January 18, 2017
APPELLANT
APPEAL FROM THE OUACHITA
COUNTY CIRCUIT COURT
[NO. 52CR-15-59]
V.
HONORABLE ROBIN CARROLL,
JUDGE
STATE OF ARKANSAS AFFIRMED; MOTION TO
APPELLEE WITHDRAW GRANTED
PHILLIP T. WHITEAKER, Judge
Mark Jeffery Livingston appeals from his Ouachita County Circuit Court conviction
for rape. Appellate counsel has filed a motion with this court to be relieved as counsel
pursuant to Anders v. California, 386 U.S. 738 (1967), and Arkansas Supreme Court Rule 4-
3(k) (2016). The motion is accompanied by a no-merit brief containing an abstract and
addendum of the proceedings below. The abstract and addendum in counsel’s brief include
all objections and motions decided adversely to Livingston, and counsel explains in the
argument portion of his brief why there is nothing in the record that would arguably support
an appeal. Livingston was provided with a copy of his counsel’s brief and motion and
informed of his right to file pro se points, but he has not done so.
Cite as 2017 Ark. App. 15
The test for filing a no-merit brief is not whether there is any reversible error but
whether an appeal would be wholly frivolous. See Wright v. State, 2015 Ark. App. 300, at
1–2; Tucker v. State, 47 Ark. App. 96, 885 S.W.2d 904 (1994). From our review of the record
and the brief presented to us, we find compliance with Rule 4-3(k) and conclude that there
is no merit to an appeal.
Affirmed; motion to withdraw granted.
GLOVER and BROWN, JJ., agree.
N. Mark Kappenbach, for appellant.
No response.
2