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ARKANSAS COURT OF APPEALS DIVISION IV No. CR-13-174

DONALD D. EDWARDS Opinion Delivered January 8, 2014 APPELLANT APPEAL FROM THE CRITTENDEN V. COUNTY CIRCUIT COURT [NO. CR-2008-1248]

STATE OF ARKANSAS HONORABLE JOHN N. APPELLEE FOGLEMAN, JUDGE

REBRIEFING ORDERED; MOTION TO WITHDRAW DENIED

ROBIN F. WYNNE, Judge

Donald Edwards appeals from the revocation of his suspended imposition of sentence.

His attorney has filed a no-merit brief and a motion to withdraw. Edwards has filed pro se

points for reversal, and the State has filed a responsive brief.

In the appellant’s brief, counsel identifies three rulings adverse to Edwards and asserts

that the trial court “did not abuse its discretion,” the trial court “did not commit error,” and

“the trial court’s finding was correct.” Counsel does not, however, cite Anders v. California,

(1967), or Rule 4-3(k) of the Rules of the Arkansas Supreme Court and Court

of Appeals (2013).1 Counsel also fails to state the standard of review for Anders briefs. Our

standard in determining whether to relieve an attorney from a non-meritorious appeal is not

1 In his motion, counsel cites Rule 4-3(j), rather than 4-3(k). Cite as

whether counsel thinks the trial court committed no reversible error, but rather whether the

points to be raised on appeal would be “wholly frivolous.”

Ofochebe v. State,

,

(1992). This court has recently written the following in

a case in which counsel submitted a noncompliant Anders brief:

We once again direct counsel to thoroughly familiarize himself with the requirements of Rule 4-3(k)(1) and how a no-merit argument is to be presented on appeal. Further, we emphasize that, at a minimum, counsel “should both acquaint himself with the framework found in Anders for no-merit criminal briefs and include the Anders citation in his brief.” Soto v. State,

. Additionally, counsel shall cite and follow the appropriate standard of review relating to no-merit appeals.

Any appeals received from counsel that fail to strictly comply with this mandate regarding no-merit briefs will be uniformly returned for rebriefing and the accompanying motion to withdraw as counsel will be denied.

Hollins v. State,

, at 2. Accordingly, counsel has fifteen days from the date

of this opinion in which to file a substituted brief. Ark. Sup. Ct. R. 4-2(b)(3) (2013). We

express no opinion as to whether the new appeal should be made pursuant to Rule 4-3(k)(1)

or should be on meritorious grounds.

Rebriefing ordered; motion to withdraw denied.

HIXSON and BROWN , JJ., agree.

C. Brian Williams, for appellant.

Dustin McDaniel, Att’y Gen., by: Christian Harris, Ass’t Att’y Gen., for appellee.

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