Summary
The Arkansas Court of Appeals ordered rebriefing and denied defense counsel’s motion to withdraw in an Anders no-merit appeal from the revocation of Damien Dickerson’s probation. The court held that counsel failed to address whether the circuit court had authority to revoke probation for criminal mischief after the probationary period had expired.
Topics
Practice areas
Questions Presented
- Whether counsel's Anders no-merit brief complied with Anders v. California and Arkansas Rule 4-3(b).
- Whether the brief was inadequate because it failed to address whether the circuit court had authority to revoke Dickerson's probation for criminal mischief after the probationary period had expired.
- Whether counsel's motion to withdraw should be denied and rebriefing ordered when the record presents an issue that is not wholly frivolous.
Holdings
- Counsel's no-merit brief did not comply with Anders v. California and Rule 4-3(b) because it failed to address the potentially meritorious issue concerning revocation of Dickerson's criminal-mischief probation after expiration of the probationary period.
- A circuit court lacks authority to revoke a defendant's probation and impose sentence after the defendant's probationary period has expired.
- When an appeal submitted under Rule 4-3(b) presents an issue that is not wholly frivolous, the court must deny counsel's motion to withdraw and order rebriefing in adversarial form.
Key quotations
“A circuit court lacks the authority to revoke a defendant’s probation and impose sentence after the defendant’s period of probation has expired.” (2)
“Because Dickerson’s counsel fails to demonstrate that an appeal would be wholly frivolous, we direct counsel to file a brief in adversarial format discussing this issue and any others that counsel may deem appropriate.” (2-3)
Factual background
Dickerson pleaded guilty on February 25, 2021, to aggravated assault on a family or household member, failure to appear, and criminal mischief. He received probationary sentences, including twelve months for criminal mischief. The State filed a revocation petition on May 3, 2022, alleging supervision, residence, travel, drug-testing, and payment violations. After a September 9, 2024 revocation hearing, the circuit court revoked probation and imposed county-jail and prison sentences, including twelve months for criminal mischief and sixty months for aggravated assault and failure to appear.
Procedural history
Dickerson pleaded guilty in the Faulkner County Circuit Court to aggravated assault on a family or household member, failure to appear, and criminal mischief, and received probationary sentences. The State later petitioned to revoke probation, and after a revocation hearing the circuit court revoked probation and imposed incarceration. On the ensuing no-merit appeal, the Court of Appeals determined that counsel's brief failed to address a potentially meritorious issue concerning revocation of probation after expiration of the probationary period.
Remand instructions
Counsel must file a brief in adversarial format discussing whether the circuit court could revoke Dickerson's criminal-mischief probation after the probationary period expired, along with any other issues counsel deems appropriate. The State may file a response brief, and the clerk must reset the briefing schedule. Counsel's motion to withdraw is denied.