Summary
The Arkansas Court of Appeals orders rebriefing in a no-merit appeal from the revocation of Dedric Patterson's probation. The court holds that appellate counsel's brief inadequately addressed the circuit court's denial of Patterson's request for community correction or alternative sentencing, an adverse ruling that had to be discussed under Anders and Arkansas Supreme Court Rule 4-3(b). The court denies counsel's motion to withdraw without prejudice and directs counsel to file a substituted brief.
Topics
Practice areas
Questions Presented
- Whether counsel's no-merit brief adequately addressed all adverse rulings made by the circuit court.
- Whether counsel was required to address the circuit court's denial of Patterson's request for community-corrections or alternative sentencing in the no-merit brief.
Holdings
- A no-merit brief must identify every adverse ruling made by the circuit court on objections, motions, and requests and explain why each ruling does not provide a meritorious ground for reversal.
- The circuit court's denial of a defendant's request for community-corrections or alternative sentencing is an adverse ruling that counsel must address in a no-merit brief; failure to do so requires rebriefing and prevents counsel's withdrawal.
Key quotations
“The circuit court’s denial of Patterson’s request for an alternative sentence constitutes an adverse ruling.” (at 3)
“We order rebriefing to address this issue.” (at 3)
Factual background
Patterson pleaded guilty in October 2024 to third-degree domestic battery, second offense, and received probation subject to conditions including reporting, providing proof of employment or education and residence, paying fees and fines, and participating in a domestic-violence intervention program. The State alleged that he failed to report, provide required information, pay supervision fees, fines, costs, and fees, and enroll in the intervention program. At the revocation hearing, the circuit court found that Patterson had essentially failed to comply with any court-ordered condition, revoked probation, and imposed a six-year prison sentence while satisfying his fines and court costs.
Procedural history
Patterson pleaded guilty to third-degree domestic battery, second offense, and received a sentence including probation. After the State alleged multiple probation violations, the circuit court revoked probation and sentenced Patterson to six years in the Arkansas Division of Correction. Counsel filed a no-merit brief under Anders and Arkansas Supreme Court Rule 4-3(b), but the Court of Appeals denied the motion to withdraw and ordered rebriefing because counsel failed to address the denial of Patterson's request for community-corrections or alternative sentencing.
Remand instructions
Appellate counsel must file a substituted no-merit brief within fifteen days addressing the denial of Patterson's request for community-corrections or alternative sentencing. If a substituted brief is filed, the clerk must forward it and the motion to withdraw to Patterson, who will have thirty days to submit pro se points; the State may file a responsive brief if pro se points are submitted.