Winters v. State

1

2023 Ark.App. 15

TODD MICHAEL WINTERS APPELLANT v. STATE OF ARKANSAS APPELLEE

No. CR-22-406

Court of Appeals of Arkansas, Division II

January 18, 2023

APPEAL FROM THE BRADLEY COUNTY CIRCUIT COURT [NO. 06CR-17-69] HONORABLE CREWS PURYEAR, JUDGE

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

One brief only.

MIKE MURPHY, JUDGE

Bradley County Circuit Court revoked Todd Winters's suspended imposition of sentence and sentenced him to three years' imprisonment. 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 motion is accompanied by a brief in which counsel explains why there is nothing in the record that would support an appeal. The clerk of this court served appellant with a copy of counsel's brief and notified him of his right to file a pro se statement of points for reversal within thirty days, but he has not done so. We affirm the revocation and grant counsel's motion to withdraw.

Appellant Todd Winters entered a plea of guilty to commercial burglary and theft of property as reflected in a sentencing order entered on March 5, 2018. He was sentenced to six years of probation, but he later violated that probation and was resentenced to two years in the community corrections center and four years' suspended imposition of sentence.

On July 12, 2020, the State filed a petition to revoke appellant's suspended sentence alleging that he had violated the conditions thereof by obtaining new charges including assault on a family member, two counts of third-degree battery, and third-degree assault. A revocation hearing was held on May 3, 2021. The State presented no witnesses but entered certified copies of convictions for assault and battery without objection. Winters called two witnesses. The first witness was his brother, who said that he had helped Winters get a job and he has witnessed Winters making progress in his anger management. He said sending Winters back to prison would be a setback. The second witness was a caseworker advocate with Immerse Arkansas. She stated that she had been working with Winters helping him apply for jobs, apply for benefits, and enroll in barber school. After hearing the evidence, the court found by a preponderance of the evidence that Winters had violated the terms and conditions of his probation. Instead of sentencing Winters however, the court held the sentence in abeyance to allow Winters to take anger-management counseling. It set the sentencing hearing four months out and left the record open.

Winters failed to appear at the September 8 hearing. It was rescheduled to December 6. At the December 6 hearing, Winters testified he had completed anger-management counseling but could not provide proof and that he had missed his last court date because he had been walking to court. On cross-examination, he admitted that his brother's girlfriend accused him of chasing her with a knife; that he had pleaded guilty to third-degree assault on July 1, 2020; and that he had pleaded guilty to two counts of third-degree battery and assault on a family member on March 17, 2021. The court sentenced Winters to three years in the Arkansas Department of Correction.

In a no-merit brief, counsel is required to list each ruling adverse to the defendant and explain why it does not present a meritorious ground for reversal. Eads v. State, 74 Ark.App. 363, 365, 47 S.W.3d 918, 919 (2001). After a full examination of...