ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
JOHN MAUZY PITTMAN, CHIEF JUDGE
MACK LEONARD EASON
STATE OF ARKANSAS
January 16, 2008
APPEAL FROM THE CRITTENDEN
COUNTY CIRCUIT COURT [NO. CR
HON. RALPH WILSON, JR.,
MOTION TO WITHDRAW DENIED;
This is an appeal from an order revoking appellant’s probation and sentencing him to
thirty years’ imprisonment. Appellant’s attorney has filed a motion to be relieved as counsel
on the grounds that the appeal is without merit. We deny the motion at this time and remand
To withdraw as counsel for an appellant in a criminal case on the basis that an appeal
is without merit, an attorneymust comply with the requirements set by Anders v. California,
386 U.S. 738 (1967), and Arkansas Supreme Court Rule 43(j). The rule requires that such
a motion to be relieved be accompanied by an abstract, addendum, and brief containing a list
of all adverse rulings made by the circuit court and an explanation why there is no
meritorious ground for reversal of each adverse ruling.
Appellant’s attorney has not complied with the rule. The record contains an adverse
ruling to an objection to testimony based on the Confrontation Clause that has neither been
abstracted nor discussed. We cannot affirm appellant’s conviction in the absence of any
discussion of an adverse ruling, Brady v. State, 346 Ark. 298, 57 S.W.3d 691 (2001), and
consequently we must order rebriefing. See id.
Motion denied; rebriefing ordered.
GLADWIN and BAKER, JJ., agree.