Cite as 2015 Ark. App. 382
ARKANSAS COURT OF APPEALS
DIVISION I
No. CR-14-835
Opinion Delivered June 17, 2015
JAY JONES APPEAL FROM THE POPE COUNTY
APPELLANT CIRCUIT COURT
[NO. CR-2012-68]
V.
HONORABLE WILLIAM PEARSON,
STATE OF ARKANSAS JUDGE
APPELLEE
SUPPLEMENTAL ADDENDUM
ORDERED; REBRIEFING
ORDERED; MOTION TO
WITHDRAW DENIED WITHOUT
PREJUDICE
BRANDON J. HARRISON, Judge
The Pope County Circuit Court revoked Jones’s probation and sentenced him to
six years’ imprisonment. Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule
4-3(k)(l) of the Rules of the Arkansas Supreme Court and Court of Appeals, Jones’s
attorney has filed a no-merit brief and a motion to withdraw as counsel. Jones was
notified of his right to file pro se points for reversal and has done so; the State has
responded to only some of those points. Due to deficiencies in both parties’ briefs, we
order supplementation and rebriefing.
In July 2012, Jones entered a plea of no contest to sexual assault in the fourth
degree and was sentenced to sixty months’ probation. In August 2013, the State
petitioned to revoke Jones’s probation, alleging that he had failed to report to his
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Cite as 2015 Ark. App. 382
probation officer, failed to pay his financial obligations, and had committed the crimes of
residential burglary, theft of property, and battery. After a hearing, the court found that
Jones had violated his probation by committing new criminal conduct and sentenced him
to seventy-two months’ imprisonment.
As noted above, Jones’s counsel has filed a no-merit brief with this court, arguing
that there are no meritorious grounds for appeal. However, counsel has failed to include
in the addendum the latest petition for revocation, filed 20 August 2013, which led to the
revocation now before us. We therefore order counsel to file a supplemental addendum
within fifteen days of this opinion.
We also note that the State has failed to address all of Jone’s pro se points in its
brief. Jones raises an argument about his sentence, questioning why he was not credited
the time he spent on probation and why he was sentenced to a longer term than his
probation term, but the State’s brief fails to address this argument. Arkansas Supreme
Court Rule 4-3(k)(3) requires the State to respond to pro se points filed by an appellant;
and the State’s brief should address all, not just some, of those pro se points. See Ark. Sup.
Ct. R. 4-3(k)(3) (2014). So we order the State to submit a new brief that complies with
Rule 4-3(k)(3). The State shall have thirty days from the time counsel files his
supplemental addendum to file its corrected brief.
Supplemental addendum ordered; rebriefing ordered; motion to withdraw denied
without prejudice.
KINARD and GLOVER, JJ., agree.
John C. Burnett, for appellant.
Leslie Rutledge, Att’y Gen., by: Christian Harris, Ass’t Att’y Gen., for appellee.
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