Sims v. State
2015 Ark. App. 11
| Ark. Ct. App. | 2015Background
- In October 2010 Sims pleaded guilty to one count of sale or delivery of a controlled substance (cocaine).
- He was sentenced to five years’ incarceration, followed by a ten-year suspended imposition of sentence.
- In April 2013 the State filed a petition to revoke Sims’s suspended sentence and filed an amended petition later that month.
- A second amended petition for revocation was filed in February 2014.
- A revocation hearing was held on February 14, 2014, and Sims’s suspended sentence was revoked for failure to pay fines and costs and for two crack cocaine sales to a confidential informant.
- Sims was resentenced to twelve years’ incarceration, followed by an eight-year suspended imposition of sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of addendum under Rule 4-2(a)(8)(A) | Sims argues addendum must include all essential pleadings and orders for review. | State contends the addendum omissions prevent proper review, necessitating rebriefing. | Rebriefing ordered; addendum deficiencies found |
| Effect of Anders withdrawal on appeal | Counsel's withdrawal is based on meritless appeal. | Court must ensure minimal record supports any meritless appeal claim. | Attorney withdrawal denied; rebriefing required |
Key Cases Cited
- Snyder v. State, 2010 Ark. App. 817 (Ark. App. 2010) (addendum must contain essential pleadings to review revocation orders)
- Green v. State, 2009 Ark. App. 519 (Ark. App. 2009) (terms and conditions of probation essential to appellate review)
- Anders v. California, 386 U.S. 738 (U.S. 1967) (guidelines for counsel to withdraw when appeal lacks merit)