Smith v. State, CR-18-897

Citation2019 Ark. App. 319
Decision Date05 June 2019
Docket NumberNo. CR-18-897,CR-18-897
PartiesDEMORCUS L. SMITH APPELLANT v. STATE OF ARKANSAS APPELLEE
CourtCourt of Appeals of Arkansas

APPEAL FROM THE ASHLEY COUNTY CIRCUIT COURT

[NO. 02CR-17-095]

HONORABLE ROBERT BYNUM GIBSON, JR., JUDGE

REBRIEFING ORDERED

RITA W. GRUBER, Chief Judge

This is a companion case to Smith v. State, 2019 Ark. App. 320, also handed down today. Both are no-merit appeals from a revocation of probation. The circuit court held one hearing for both cases. The Ashley County Circuit Court revoked Demorcus Smith's probation in both cases and sentenced him to eight years' imprisonment in orders entered on July 10, 2018, to run concurrently. The underlying conviction in this case was entered on a plea of guilty to failure to register as a sex offender on September 12, 2017. Pursuant to Arkansas Supreme Court Rule 4-3(k) and Anders v. California, 386 U.S. 738 (1967), appellant's counsel has filed a motion to withdraw stating that there is no merit to an appeal. The underlying conviction in case no. CR-18-925 was entered on a plea of guilty to second-degree sexual assault on December 9, 2014. Because of briefing deficiencies, we order rebriefing.

The record filed in this case contains the pleadings, orders, and documents in the failure-to-register conviction, circuit court case no. CR-17-095. The brief filed in this case, however, contains a statement of the case, argument, and addendum concerning the sexual-assault conviction, circuit court case no. CR-14-098. Conversely, the record filed in the companion appeal, case no. CR-18-925, contains the record for the sexual-assault conviction, but the briefs filed in the companion appeal concern the failure-to-register conviction.

We order counsel to correct the above-referenced briefing deficiency within fifteen days of this opinion.

Rebriefing ordered.

ABRAMSON and HARRISON, JJ., agree.

Potts Law Office, by: Gary W. Potts, for appellant.

One brief only.

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2 cases
  • Smith v. State
    • United States
    • Court of Appeals of Arkansas
    • 29 Enero 2020
    ...W. GRUBER, Chief Judge This case is before us for the third time. It began as a no-merit appeal, which required rebriefing. Smith v. State, 2019 Ark. App. 319. After the case returned to us, we denied counsel's motion to withdraw and again ordered that the case be rebriefed, this time in me......
  • Smith v. State, CR-18-925
    • United States
    • Court of Appeals of Arkansas
    • 5 Junio 2019
    ...02CR-14-098]HONORABLE ROBERT BYNUM GIBSON, JR., JUDGEREBRIEFING ORDEREDRITA W. GRUBER, Chief Judge This is a companion case to Smith v. State, 2019 Ark. App. 319, also handed down today. Both are no-merit appeals from a revocation of probation. The circuit court held one hearing for both ca......

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