Opinion
CA CR 09-1316
Opinion Delivered June 30, 2010
Appeal from the Crittenden County Circuit Court, [CR-05-1117], Honorable David Burnett, Judge, Affirmed; Motion Granted.
This case arises from an order of the Crittenden County Circuit Court that revoked Ronda Renee Jeffries's probation for possession of a controlled substance, based upon the court's findings that she had violated conditions of her probation. Her violations included using marijuana and cocaine, and failing to perform community service. She was sentenced by the court to 120 months in the Arkansas Department of Correction. Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(k)(1) of the Rules of the Arkansas Supreme Court (2010), Jeffries's counsel brings a no-merit appeal and motion to be relieved.
Counsel's motion is accompanied by a brief including a discussion of matters in the record that might arguably support an appeal, along with a statement explaining why he considers these matters to be incapable of supporting a meritorious appeal. Jeffries has filed a pro se statement of points for reversal in which she challenges the evidence regarding some of the court's findings. The State has filed a brief stating its agreement with defense counsel that this appeal is without merit, responding to appellant Jeffries's three apparent arguments, and requesting affirmance in all respects. We affirm the conviction and grant counsel's motion to withdraw.
In her pro se points, Jeffries does not dispute her failure to perform community service; we additionally note that at the hearing she admitted she had used drugs during probation and was still addicted. Jeffries also complains that she was sentenced near the end of her probationary period "to the harshest sentence" for a Class C felony. The State need show only one violation of probation to sustain a revocation. Phillips v. State, 101 Ark. App. 190, 272 S.W.3d 123 (2008). Furthermore, in revoking a suspension or probation, the court may enter a judgment of conviction and may impose any sentence that might have been imposed originally for the offense of which the defendant was found guilty. Ark. Code Ann. § 5-4-309(g)(1)(A) (Supp. 2009).
Conviction affirmed; motion granted.
VAUGHT, C.J., and BROWN, J., agree.