Cite as 2014 Ark. App. 66
ARKANSAS COURT OF APPEALS
DIVISION II
No. CR-12-324
Opinion Delivered January 22, 2014
LAWRENCE SCHMITT APPEAL FROM THE BENTON
APPELLANT COUNTY CIRCUIT COURT
[NO. CR-10-0783-1]
V.
HONORABLE ROBIN F. GREEN,
STATE OF ARKANSAS JUDGE
APPELLEE
AFFIRMED; MOTION TO
WITHDRAW GRANTED
WAYMOND M. BROWN, Judge
In April 2011, appellant Lawrence Schmitt pleaded guilty to twenty counts of
possession of child pornography, a Class C felony. On September 8, 2011, he was sentenced
in a separate proceeding before a jury to four years’ imprisonment and ordered to pay a fine
of $1000 on each count, with each sentence to run consecutively, for a total of eighty years’
imprisonment and fines of $20,000. Pursuant to Anders v. California1 and Arkansas Supreme
Court Rule 4-3(k), Schmitt’s counsel has filed a motion to withdraw on the grounds that an
appeal would be wholly without merit. We affirm and grant counsel’s motion to withdraw.
1
386 U.S. 738 (1967).
Cite as 2014 Ark. App. 66
This is the third time this case has been before us.2 In our first opinion, we noted that
counsel had failed to identify, abstract, and discuss the circuit court’s denial of a defense
motion for no prison sentence and a nominal fee. The directed-verdict motion was abstracted
following remand; however, counsel failed to abstract the renewal of the motion and the
court’s denial. Additionally, the jury-verdict form for Count 1 was not included in the record
or the addendum. Therefore, we remanded to supplement the record and for rebriefing.
An attorney’s request to withdraw on the ground that the appeal is wholly without
merit must be accompanied by a brief that contains a list of all rulings adverse to appellant and
an explanation as to why each ruling is not a meritorious ground for reversal.3 This court is
bound to perform a full examination of the proceedings as a whole to decide if an appeal
would be wholly frivolous.4 Our supreme court has held that the failure to abstract and
discuss any adverse ruling in an Anders brief necessitates rebriefing.5
Here, based on our review of the record for potential error pursuant to Anders and the
requirements of Rule 4-3(k), we hold that an appeal of appellant’s sentence would be entirely
without merit. Accordingly, we affirm the sentence and grant counsel’s motion to withdraw.
2
See Schmitt v. State, 2013 Ark. App. 20, and Schmitt v. State, 2013 Ark. App. 489.
3
Ark. Sup. Ct. R. 4-3(k)(1) (2012).
4
Campbell v. State, 74 Ark. App. 277, 47 S.W.3d 915 (2001).
5
Sartin v. State, 2010 Ark. 16, 362 S.W.3d 877.
2
Cite as 2014 Ark. App. 66
Affirmed; motion to withdraw granted.
GLADWIN, C.J., and WOOD, J., agree.
Herbert C. Southern, for appellant.
No response.
3