# ARKANSAS COURT OF APPEALS DIVISION IV No. 

### CR-15-795


### I(EVIN LOUIS 

### M.JOY

STATE OF 

### ARKANSAS APPELLANT

APPELLEE Opinion DeliveredJune 

### 22, 2016



### APPEAL 

### FROM THE FAULKNER 

### COUNTY 

### CIRCUIT COURT [NO. CR-2006-261 0] 

### HONORABLE CHARLES E. 

### CLAWSON, JR.,JUDGE APPEAL DISMISSED; 

### MOTION TO WITHDRAW GRANTED 

### M. MICHAEL KINARD, Judge 

### The appellant, 

### Kevin Louis McJoy, pled 

### guilry 

## in May 2007

## to possession 

### of a 

### controlled substance (cocaine) and possession 

### of a 

### controlled substance (marijuana) 

### with intentto deliver, 

### both Class

## "C" felonies. He was placed 

### on probation for a

### period of five years subject 

### to a

### number of 

### conditions. In February 2077, a

### petition to revoke appellant's 

### probation was

### filed. After warrants

### for his 

### arest were issued 

### in 2011 and 2072 and after 

### multiple failures 

### to appear, appellant was

### finally arrested 

### in August 

### 2073. After a revocation hearing 

### heldthe

### following month, appellant was

### found

### to have 

### violated the terms 

### of his probation, and his probation was extended by anadditional rwo years on the sameconditions attached 

### to the original 

### order.r In February 201,4, 

### the prosecuting 

### attorney

### filed another 

### lOrdinarily, a

### trial court can 

### revoke a probation 

### or suspension 

### only prior 

### to the 

### expiration of the 

### period of suspension 

### or 

### probation. While the September 201.3order was entered after 

### the expiration 

### of appellant's

### original five-year probationary period, Arkansas

### petition 

### to revoke appellant's 

### probation, and another arrest warrant was issued. 

### Appellant

was

### finally arrested 

### inJune 201,5. 

### At a hearing held 

### promptly thereafter, appellant entered

anegotiated plea 

### ofguilry to the violations alleged in the 

### petition in exchange for 

### concurrent three-year sentences

### for his 

### original drug offenses. 

### An order

### to that effect was entered on June 

### 22,2075, and appellant

### filed a 

### notice of appeal 

### from that order. Pursuant

### to Anders 

### u. California, 386 U.S. 738 (1967), and Arkansas Supreme 

### Court 

### Rule 4-3(k), appellant's attorney has

### filed a 

### motion to be relieved ascounsel, stating that there is 

### no merit to the appeal. 

### The 

### motion is accompanied 

### by an abstract and addendum 

### of the proceedings 

### below and a 

### brief in which counsel asserts 

### that there is 

### nothing 

### in the record that 

### would support an appeal. 

### The clerk 

### of this 

### couft served appellant 

### with acopy 

### of his counsel's 

### brief and 

### notified 

### him of his 

### right 

### to file a 

### pro se statement

### of points 

### for reversal 

### within thirry days. 

### Appellant has

### filed no such statement. 'We must dismiss the appeal. As stated, appellant filed this appeal 

### following his 

### guilry plea 

### to the 

### petition to revoke his 

### probation. As ageneral 

### rule, one may 

### not appeal 

### from an 

### order entered pursuant

### to a

### guilty 

### plea. Burgess 

### u. State,2076 

### Ark. 

### 775. The rule applies equally 

### to pleas entered 

### to revocations 

### petitions. See, e.g., McCarty 

### u. State,2074 

### Ark. App. 404; Cummins 

### u. State,2013 

### Ark. App. 

### 657. Essentially, there arethree exceptions

### to the general 

### rule: (1) where one enters a

### conditional guilry plea and retains the 

### right to argue one 

### of the specific issues 

### in

### Ark. 

### R. Crim. P.

### 2a3p); (2)

### when there is a challenge 

### to evidence
Code 

### Annotated section 

### 16-93-308(0 (S"pp. 201,5) specifically allows a

### court 

### to continue 

### to exercise

### jurisdiction over a 

### probationer subsequent 

### to the expiration 

### of the probation where a

### warrant is issued 

### for the defendant's arrest 

### prior to the expiration. 

### .presented 

### in asentencing hearing separate 

### fromthe plea itself; and (3)where the assignment



### of error is

### from a sentence 

### or sentencing procedure 

### that was 

### not an 

### integral part 

### of the 

### supra. 'W'e

### find nothing 

### in this recordthat

### would bring acceptance

### of the 

## plea. Butrgess, appellant's case

### within any ofthe 

### plea. Therefore, 

### we dismiss the exceptions to the general rule ofnonappealabliry 

### ofa guilry appeal and grant counsel's 

### motion to withdraw. to withdraw granted. Appeal dismissed; 

### motion 'WHITEAKER and 

### HlxsoN, JJ., agree. 

### Joseph C. Self

, for appellant. No response.