Johnson v. State, 2015 Ark. App. 22

In Sept. 2005 John L. Johnson pleaded guilty to robbery and received five years of probation with conditions (pay fines/costs/fees, report to probation, no illegal drug use/possession).
In Nov. 2007 the State petitioned to revoke probation for violations; at the revocation hearing Johnson admitted violations but offered excuses.
The trial court found violations by a preponderance of the evidence and sentenced Johnson to five years’ imprisonment followed by five years suspended imposition of sentence.
On appeal, counsel filed a no-merit brief and a motion to be relieved as counsel asserting no arguable merit; the State did not file a responsive brief and Johnson filed no pro se points.
The Court of Appeals reviewed counsel’s filings and the record and concluded counsel’s brief and addendum failed to comply with Arkansas appellate rules (insufficient abstract, missing notice of appeal, missing record evidence such as a warrant).
The court ordered rebriefing, denied counsel’s motion to withdraw without prejudice, and directed counsel to file a compliant substituted abstract, brief, and addendum within 15 days, preserving Johnson’s later opportunity to file pro se points and the State’s opportunity to respond.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel complied with no‑merit/Anders briefing requirements	Counsel contended the appeal was wholly without merit and sought leave to withdraw	The State/court argued counsel’s filings failed to follow Ark. Sup. Ct. R. 4‑2 and 4‑3(k) and did not adequately present the record	Court held counsel’s brief/addendum were deficient and ordered rebriefing; motion to withdraw denied without prejudice
Whether the addendum included required documents to confirm appellate jurisdiction	Counsel implied the record sufficed without including the notice of appeal	The court noted the notice of appeal was missing from the addendum and thus jurisdictional proof was incomplete	Court required inclusion of the notice of appeal in the addendum before proceeding
Whether the record contained required evidence relevant to revocation (e.g., arrest warrant) and was included in addendum	Counsel omitted certain record items (warrant) from the addendum	Court emphasized Ark. Code and rules require inclusion of such record items in the addendum for appellate review	Court ordered counsel to include the warrant evidence in the addendum and file a corrected brief/abstract

Campbell v. State, 74 Ark. App. 277 (court reviewed duty to examine record in no‑merit appeals)
Patrick v. State, 358 Ark. 300 (discusses requirements for abstracts on appeal)
Spears v. State, 82 Ark. App. 376 (addresses adequacy of appellate abstracts and record citation)
Anders v. California, 386 U.S. 738 (establishes procedure for appointed counsel to withdraw in frivolous appeals)