Rudi Hernandez v. State of Arkansas

Summary

The Arkansas Court of Appeals orders rebriefing and denies appointed counsel’s motion to withdraw in an Anders no-merit appeal arising from the revocation of Rudi Hernandez’s probation. The court concludes that the record does not support counsel’s assertion that Hernandez pleaded guilty to the revocation allegations and directs counsel to address the applicable appellate procedure and the legality of the sentence. The case is remanded with instructions to strike the portion of the sentencing order requiring Hernandez to complete substance-abuse treatment.

Holdings

1. The record did not support counsel's assertion that Hernandez entered a guilty plea to the revocation allegations; the record instead showed that he admitted the allegations and was found guilty of them.
2. The portion of the sentencing order directing Hernandez to complete substance-abuse treatment was an illegal sentence and had to be stricken.
3. Counsel's motion to withdraw was denied, and counsel was ordered to file a substituted brief complying with the applicable rules.

Questions Presented

1. Whether the record supported appointed counsel's assertion that Hernandez had entered a guilty plea to the allegations in the probation-revocation petition, such that the appeal was subject to the guilty-plea appeal limitation.
2. Whether the sentencing order unlawfully required Hernandez to complete substance-abuse treatment.
3. Whether counsel's Anders no-merit brief adequately addressed the appeal and justified withdrawal.

Disposition

remanded