Matthews v. State
2017 Ark. App. 25
| Ark. Ct. App. | 2017Background
- Jackie Renay Matthews pled no-contest in 2012 to aggravated assault (Class D) and received 60 months’ probation.
- The State filed multiple petitions to revoke Matthews’s probation for failures to report, update information, pay fines/costs, and complete anger-management/drug-treatment requirements.
- Matthews admitted violations and signed revocation plea statements in 2013 and 2014, each resulting in continued probation terms.
- A third revocation petition (filed December 2014) led to a 2016 revocation hearing; Matthews was sentenced to 36 months in the DOC with 24 months suspended.
- Matthews appealed the revocation; appellate counsel filed a no-merit brief and moved to withdraw under Anders/Ark. Sup. Ct. R. 4-3(k), notifying Matthews of her right to file pro se points—she did not.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Matthews may appeal from her guilty/plea-based revocation | The State maintained the revocation and sentence were proper (no specific argument to overturn). | Matthews offered no pro se points after counsel’s Anders brief; no meritorious appellate issues identified. | Appeal dismissed: guilty-plea appeals are barred except in narrow exceptions, none of which applied. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (standards for counsel withdrawing via a no-merit brief)
- Burgess v. State, 490 S.W.3d 645 (Ark. 2016) (explains limited exceptions allowing appeals from guilty pleas)
- Johnson v. State, 2010 Ark. 63 (Ark. 2010) (addresses appeals from guilty pleas and related exceptions)
- King v. State, 2013 Ark. App. 342 (Ark. App. 2013) (discusses post-plea evidentiary/sentencing issues that may be appealable)
Appeal dismissed; counsel’s motion to withdraw granted.
