Cite as 2017 Ark. App. 223
ARKANSAS COURT OF APPEALS
DIVISION IV
No. CR-16-438
OPINION DELIVERED: APRIL 12, 2017
GENEVA MARIA LYNNETTE BATES APPEAL FROM THE JOHNSON
APPELLANT COUNTY CIRCUIT COURT
[NO. 36CR-12-64]
V. HONORABLE BILL PEARSON,
JUDGE
STATE OF ARKANSAS AFFIRMED; MOTION TO
APPELLEE WITHDRAW GRANTED.
ROBERT J. GLADWIN, Judge
Geneva Maria Lynette Bates appeals the Johnson County Circuit Court order
revoking her probation and sentencing her to six years’ imprisonment in the Arkansas
Department of Correction. 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 adverse decisions affecting appellant, and counsel explains in
the argument portion of his brief why there is nothing in the record that would arguably
support an appeal. The clerk of this court provided appellant with a copy of counsel’s brief
and motion and notified appellant of her right to file pro se points for reversal. Appellant
Cite as 2017 Ark. App. 223
has not filed pro se points for reversal; thus, the State has not filed a response. We affirm
appellant’s revocation and grant counsel’s motion to withdraw.
A request to be relieved as counsel on the ground that the appeal is wholly without
merit shall be accompanied by a brief, including an abstract and addendum. Ark. Sup. Ct.
R. 4-3(k)(1). The brief shall contain an argument section that consists of a list of all rulings
adverse to the defendant made by the trial court with an explanation as to why each adverse
ruling is not a meritorious ground for reversal. Id. In furtherance of the goal of protecting
constitutional rights, it is the duty of both counsel and this court to perform a full
examination of the proceedings as a whole to decide if an appeal would be wholly frivolous.
Campbell v. State, 74 Ark. App. 277, 47 S.W.3d 915 (2001).
From our review of the record and the brief presented to us, we find compliance
with Rule 4-3(k) and that an appeal would be wholly frivolous. Therefore, we affirm, by
memorandum opinion, appellant’s revocation. See In re Memorandum Opinions, 16 Ark. App.
301, 700 S.W.2d 63 (1985). We also grant counsel’s motion to withdraw.
Affirmed; motion to withdraw granted.
HARRISON and MURPHY, JJ., agree.
Dusti Standridge, for appellant.
No response.
2