McCabe v. State

-an
)' 2015 Ark. App. 399

ARI(ANSAS COURT OF APPEALS
DIVISION I
tto. CR-14-971

ARNOLD LEE McCABE, SR. opinion DeliveredJuNE 17, 2015
APPELLANT
APPEAL FROM THE CRAWFORD
COUNTY CIRCUIT COURT
lNo. 17CR-10-4401

STATE OF ARKANSAS HONORABLE GARY RAY
APPELLEE COTTRELL, JUDGE

AFFIRMED; MOTION TO
WITHDRAW GRANTED

DAVID M. GLOVER, Judge

ln 2011, Arnold McCabe pled guilry to the offense of battery in the second degree

on an employee of a correctional facility. He was sentenced to two years in the Arkansas

Department of Correction, to be followed by an additional four years' suspended imposition

of sentence. On February 7, 2074, the State filed a petition to revoke his suspended

sentence, allegng that he violated its terms and conditions by conrnritting the offense of

second-degree battery on or about January 2, 2014. The revocation hearing was held on

May 7,201,4. The primary testimony came from Derek Steward, who was McCabe's friend

and the alleged victim o[ the attack. Following the hearing, the trial court revoked

McCabe's suspended sentence and sentenced him ro four years in the Arkansas Departnrent

of Correction.
t
f 2015 Ark. App. 399

McCabe's counsel has filed a motion to withdraw and a brief purporting to conrply

with the requirements of Anders u. Calfornia, 386 U.S. 738 (1967), and Rule 4-3(k) of the

Rules of the Arkansas Supreme Court and Court of Appeals, contending that an appeal in

this case would be wholly without merit. Counsel's abstract and addendum include all ofthe

trial court's rulings that were adverse to McCabe, and counsel also explains why those rulings

would not support a meritorious appeal. The clerk of our couft provided McCabe with a

copy of his counsel's motion and brief and alerted McCabe to his right to file points of

appeal, which he did. The State has filed a brief in response to those points and
supplemented the addendum, adding the proof of service, the underlying plea agreement,

and the conditions for the suspended sentence.

Based on our review of the record and the briefs presented to this court, we conclude

that there has been flull compliance with Anders, supra, and our Rule 4-3(k), and that an

appeal in this case would be wholly without merit. Counsel's motion to withdraw is

granted, and the revocation of McCabe's suspended sentence and imposition of a four-year

sentence is affirmed.

A{firmed; motion to withdraw granted.

HnRRlsoN and KtNaRo,lJ., agree.

Lisa-Marie Norris, for appellant.

No response.

cR-14-97r