2016 Ark. App. 337
Ark. Ct. App.2016Background
- Kevin Louis McJoy pled guilty in May 2007 to two Class C felonies: possession of cocaine and possession of marijuana with intent to deliver; he received five years’ probation with conditions.
- A petition to revoke probation was filed in February 2011; warrants issued after failures to appear, and McJoy was arrested in August 2013 following multiple warrants.
- In September 2013, after a revocation hearing, the court found probation violations and extended probation for two additional years on the original conditions.
- Another revocation petition was filed in February 2014, and McJoy was arrested in June 2015; he entered a negotiated guilty plea to the petition in exchange for concurrent three-year sentences for the original drug convictions.
- McJoy appealed the June 22, 2015 order entered after his guilty plea; appellate counsel filed an Anders brief asking to withdraw, and McJoy filed no pro se points for reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an appeal lies from an order entered pursuant to a guilty plea to a probation-revocation petition | McJoy contends (implicitly via appeal) that the order should be reviewable | State argues guilty pleas waive appellate review except in limited exceptions | Appeal dismissed: guilty-plea rule bars appellate review absent an applicable exception |
| Whether this case falls within exceptions allowing appeal after a guilty plea (conditional plea, separate sentencing challenge, or evidentiary challenge) | McJoy argues (implicitly) grounds warrant review | State argues record shows no preserved exception to allow appeal | Court found no applicable exception and therefore denied review |
| Whether counsel properly moved to withdraw under Anders v. California | McJoy could argue counsel should remain if nonfrivolous issues exist | Counsel asserts no meritorious grounds and followed Anders procedure | Court granted counsel’s motion to withdraw after finding no meritorious issue |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (framework for counsel seeking withdrawal when appeal is frivolous)
- Burgess v. State, 2016 Ark. 775 (Ark. 2016) (guilty plea generally precludes appellate review)
- McCarty v. State, 2014 Ark. App. 404 (Ark. Ct. App. 2014) (pleas to revocation petitions are subject to nonappealability rule)
- Cummins v. State, 2013 Ark. App. 657 (Ark. Ct. App. 2013) (same principle applied to revocation pleas)