Cory v. State
2014 Ark. App. 29
Ark. Ct. App.2014Background
- Cory pled guilty on 30 September 2010 to theft by receiving and received a sentence of thirty-six months’ probation.
- A petition to revoke probation was filed 6 August 2012 alleging failure to pay fines, fees, and costs; failure to report to probation as directed; failure to pay probation fees; and failure to notify sheriff and probation of address and employment.
- After a hearing, Cory’s probation was revoked and he was sentenced to twenty-four months’ imprisonment and five years’ suspended imposition of sentence.
- Cory’s counsel filed a no-merit brief and moved to withdraw, asserting the appeal was wholly without merit.
- The court found counsel’s brief deficient for multiple Rule 4-3 deficiencies and remanded for a substituted brief; withdrawal was denied; a substituted brief due in 15 days was ordered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the no-merit brief complied with Rule 4-3(k) | Cory argues the appeal is wholly without merit. | Court finds counsel’s brief fails to follow Rule 4-3 framework and contains improper citations. | Brief deficient; remand for rebriefing |
| Whether the case should be remanded for substitution brief and withdrawal denial stands | Counsel seeks withdrawal due to alleged merit-free issues. | Withdrawal denied; need proper substituted brief under Rule 4-2/4-3(k). | Remand for substituted brief; withdrawal denied |
Key Cases Cited
- Walton v. State, 94 Ark. App. 229, 228 S.W.3d 524 ((2006)) (no-merit review requires complete examination of proceedings)
- Anders v. California, 386 U.S. 738 ((1967)) (framework for no-merit appeals and duties of counsel)