# reNSAS COURT OFAPPEALS DIVISION II No. CR-13-1 091



### RODRIGO CANTU

STATE OF ARKANSAS Opinion Delivered 

### JANUARY 2'1,, 201,5 APPEAL 

### FROM 

### THE 

### CRITTENDEN COUNTY 

### CIRCUIT COURT [NO. CR-10-951] 

### HONORABLEJOHN N. FOGLEIVIAN, 

### JUDGE 

### AFFIRMED; 

### MOTION GRANTET) APPELLANT

APPELLEE



### KENNETH S. 

### HIXSON, Judge Appellant 

### Rodrigo Cantu pleaded 

### guilryto Ewo counts

### of Class 

### B felony 

### forgery on August 27,2070, and he was placedon three years'

### probation. On September 10, 2072, the State filed apetition to revoke 

### Mr. Cantu's probation, alleging multiple violations 

### including failure to report to probation asdirected. 

### After a hearing, the trial court entered an order on September 3,2073, revoking appellant's probation and sentencing him to five years 

### in prison followed 

### by aten-year suspended imposition ofsentence. 

### Mr. Cantu 

### now appeals

### from his revocation, andwe affirm. Pursuant to Anders u. California,3S6 U.S. 738 (1,967), and Rule 4-3(kX1) 

### ofthe Rules 

### of the Arkansas Supreme 

### Court, appellant's counsel has

### filed a 

### motion

### to withdraw on 

### the grounds 

### that the appeal is

### wholly without 

### merit. Mr. Cantu's counsel's 

### motion was accompanied 

### by a 

### brief discussing 

### all matters 

### in the record 

### that 

### might arguably supportan appeal, including any objections and motions made 

### by appellant and denied 

### by the trial

court, and astatement 

### ofthe reason

### why each point raised cannot arguablysupport an appeal. 

### Mr. Cantu was provided a copy 

### of his counsel's 

### brief and notified of his 

### right to

### file pro se points 

### for reversal,

### but he has

### notfiled any points. 

### Mr. Cantu's conditions of probation required 

### him to report to probation asdirected. 

### MichaelAlston, appellant's 

### probation officer, testified 

### that 

### Mr. Cantu had 

### reported to probation only once during the pastyear. 

### Mr. Alston acknowledged in histestimony that he had failed

### to report 

### to probation asdirected, and 

### he provided 

### no excuse 

### for missing his scheduledvisits. The trial couft revoked 

### Mr. Cantu's probation based on his failure 

### to report. Arkansas CodeAnnotated section 16-93-308(d) (Supp. 2013) provides that, 

### if acourt finds by a preponderance of the evidence that the defendant has inexcusably failed

### to comply 

### with a

### condition of probation, the court may revoke the probation at any rime 

### prior to the expiration 

### of the 

### probarion.

### A court may revoke probation subsequent 

### to the 

### expiration

### of the period 

### of probation 

### if, before expiration 

### of the period, the defendant is arrested 

### for the probation 

### violation. Ark. Code Ann. $ 

### 16-93-308(0(1).' On appeal, the trial court's decision 

### will not be reversed unless

### it is clearly against the preponderanceof the 

### evidence. May u. State,2014 

### Ark. App. 365.



### lAlthough 

### Mr. Cantu's probation was revoked oneweek after the original probation period

### would have expired, his counsel points out 

### in his brief that 

### Mr. was arrested

### for the probation

### violation before the probation 

### expired. Therefore, court had

### jurisdiction to revoke appellant's probation. Cantu the trial

### In the present appeal, the only advene ruling was thetrial court's decision

### to revoke

appellant's 

### probation, and appellant's counsel accurately asserts 

### that there 

### can 

### be no meritorious challenge 

### to the sufficiency 

### of the evidence suppofting 

### revocation. 

### The State 

### clearly demonstrated 

### that 

### Mr. Cantu had failed

### to report asdirected 

### to probation, and 

### Mr. Canru provided no reasonable excuse for his failure to 

### report. Therefore, the

### trial court's decision 

### to revoke appellant's probation was 

### not clearly againstthe preponderance 

### of the evidence. Based on our review of the record and the briefpresented, we conclude that there has been compliance 

### with Rule 4-3(kX1) andthat the appeal is

### without 

### merit. Consequently, appellant's counsel's 

### motion to be relieved is granted and thejudgment is affirmed. 

### Affirmed; motion ganted. 

### Glno'vnN, CJ., and WHITEAKER, J., agree.