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ARKANSAS COURT OF APPEALS
DIVISION III
No. CR-15-277
KENDRICK R. DUKES Opinion Delivered: January 13, 2016
APPELLANT
APPEAL FROM THE ARKANSAS
V. COUNTY CIRCUIT COURT,
NORTHERN DISTRICT
STATE OF ARKANSAS [NO. CR-12-311]
APPELLEE
HONORABLE DAVID G. HENRY,
JUDGE
AFFIRMED; MOTION TO BE
RELIEVED GRANTED; REMANDED
WITH INSTRUCTIONS TO
CORRECT SENTENCING ORDER
WAYMOND M. BROWN, Judge
Appellant appeals from the circuit court’s sentencing order entered on September 5,
2014, showing his convictions by jury of battery—second degree; resisting arrest; possession
of marijuana (sch. VI)(< 4oz); possession of controlled substance schedule IV, V 28g; and
fleeing on foot. Appellant’s counsel has filed a no-merit brief and a motion to be relieved as
counsel, pursuant to Anders v. California, 1 and Arkansas Supreme Court Rule 4-3(k), 2 stating
that there are no meritorious grounds to support appeal. The clerk mailed a certified copy
of counsel’s motion and brief to appellant, informing him of his right to file pro se points
for reversal. Appellant failed to file pro se points for reversal. We affirm appellant’s
1
386 U.S. 738 (1967).
2
(2011).
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convictions, grant counsel’s motion to be relieved as counsel, and remand with instructions
to correct the sentencing order.
Appellant was stopped for violation of a city noise ordinance by Officer Cody
Church of the Stuttgart Police Department on September 21, 2012. Appellant did not
immediately stop, but continued on a short distance to the parking lot of an apartment
complex. Upon stopping and being advised not to get out of the car, appellant exited the
vehicle. After being grabbed by Officer Church, who had advised him that he was under
arrest, appellant fled on foot into nearby bushes. As he fled, Officer Church saw appellant
discard a black item. Appellant and Officer Church fell into a briar patch when appellant
tripped. During Officer Church’s attempted apprehension of appellant, appellant elbowed
Officer Church in his head. Other officers arrived as Officer Church escorted appellant to
the police car where he was taken into custody. One of those officers discovered the black
item that appellant discarded. The black item was a bag containing marijuana and
approximately twenty pills; the pills were later identified as carisoprodol, a schedule IV
controlled substance.
Appellee filed an amended information on November 25, 2012, charging appellant
with the crimes of battery—second degree; resisting arrest; possession of marijuana (sch.
VI)(<4oz); possession of controlled substance - schedule IV, V<28g; and fleeing on foot. 3
3
Appellant was charged in an original information filed November 2, 2012, with
battery—second degree; two counts of possession of controlled substance - schedule I/II,
Not Methamphetamine or Cocaine < 2g; resisting arrest; possession of marijuana (sch. VI)(<
4oz); and fleeing on foot. Appellant was also charged with fleeing in a vehicle; however,
the jury acquitted him of that charge.
2
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A trial was held on August 28, 2014. At the trial’s conclusion, the jury found appellant guilty
on all five charges and sentenced him accordingly. On September 3, 2014, the circuit court
entered an order of jury verdict reflecting the jury’s verdicts of guilt and conforming to its
sentencing recommendations, which were to be served concurrently. This timely appeal
followed.
In compliance with Anders and Rule 4-3(k), counsel ordered the entire record and
found that after a conscientious review of the record, there are no issues of arguable merit
for appeal. Counsel’s brief adequately covered each action that was adverse to appellant
below. After carefully examining the record and the brief presented to us, we find that
counsel has complied with the requirements established by the Arkansas Supreme Court for
no-merit appeals in criminal cases and conclude that the appeal is wholly without merit.
Finally, we note that the sentencing order contains multiple errors. First, the
sentencing order states that appellant was found guilty of fleeing in a vehicle at a jury trial
and sentenced by a jury to zero months in the county jail. It also shows that that same charge
was nolle prossed. However, the order of jury trial verdict states that the jury found appellant
not guilty of fleeing in a vehicle. Additionally, the sentencing order fails to show that
appellant was sentenced at a jury trial by a jury of fleeing on foot. The circuit court is hereby
instructed to correct these errors. Accordingly, we affirm, grant counsel’s motion to be
relieved, and remand with instructions.
Affirmed; motion to be relieved granted; remanded with instructions to correct
sentencing order.
GRUBER and HIXSON, JJ., agree.
Doralee Chandler, for appellant.
No response.
3