Cite as 2015 Ark. App. 317
ARKANSAS COURT OF APPEALS
DIVISION II
No. CR-14-509
Opinion Delivered May 13, 2015
FRANK BEMIS PLEDGER
APPELLANT APPEAL FROM THE MILLER
COUNTY CIRCUIT COURT
[NO. 46CR-13-184]
V.
HONORABLE KIRK DOUGLAS
JOHNSON, JUDGE
STATE OF ARKANSAS
APPELLEE AFFIRMED; MOTION TO
WITHDRAW GRANTED
PHILLIP T. WHITEAKER, Judge
Appellant Frank Bemis Pledger appeals his Miller County Circuit Court conviction
of residential burglary. 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) (2014). 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 appellant, and counsel explains in the
argument portion of his brief why there is nothing in the record that would arguably support
an appeal. Pledger has filed a pro se statement of points for reversal, and the State has filed
a response thereto.
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 Tucker v. State, 47 Ark. App. 96, 885
Cite as 2015 Ark. App. 317
S.W.2d 904 (1994). From our review of the record and the brief presented to us, including
consideration of Pledger’s pro se points for reversal, which are either not preserved for appeal
or do not otherwise support reversal, we find compliance with Rule 4-3(k) and hold that
there is no merit to an appeal.
Affirmed; motion to withdraw granted.
VIRDEN and GRUBER, JJ., agree.
Phillip A. McGough, P.A., by: Phillip A. McGough, for appellant.
Dustin McDaniel, Att’y Gen., by: Nicana C. Sherman, Ass’t Att’y Gen., for appellee.
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