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Sutton v. State1/22/2003
NOT DESIGNATED FOR PUBLICATION
Lacy Lee Sutton pled guilty in January 2000 to a felony violation of the Arkansas Hot Check Law. He was placed on probation for a period of five years subject to various conditions, including that he not violate any laws, that he avoid the excessive use of alcohol, and that he pay restitution. Subsequently, the State filed a petition seeking to have appellant's probation revoked. At a January 2002 hearing on the petition, the State introduced evidence that since the guilty plea appellant had been convicted of driving while intoxicated, had otherwise used alcohol excessively, and had failed to make any restitution payments for a lengthy period. Appellant testified and admitted these violations. The trial court found that appellant had violated the three conditions of his probation mentioned above, revoked the probation, and sentenced appellant to seven years in the Arkansas Department of Correction.
Pursuant to Anders v. California, 386 U.S. 738 (1967), and Ark. Sup. Ct. R. 4-3(j), appellant's counsel has filed a motion to withdraw on grounds that the appeal is wholly without merit. The motion is accompanied by an abstract of the proceedings below, including all objections and motions decided adversely to appellant, and by a brief in which counsel explains why there is nothing in the record that would support an appeal. The clerk of this court provided appellant with a copy of his counsel's brief and notified him of his right to file a pro se statement of points for reversal within thirty days. Appellant did not file a statement.
From our review of the record and the brief presented to us, we find compliance with Rule 4-3(j), and that the appeal is without merit. Accordingly, counsel's motion to withdraw is granted and the order of revocation is affirmed.
Hart and Bird, JJ., agree.
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