Cite as 2022 Ark. App. 281

ARKANSAS COURT OF APPEALS

DIVISION III

No. CR-21-2

DYLAN HUNTER GOODWIN

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

Opinion Delivered June 1, 2022

APPEAL FROM THE WASHINGTON

COUNTY CIRCUIT COURT

[NOS. 72CR-14-1847, 72CR-14-2310, 

72CR-17-3212 & 72CR-17-2851]

HONORABLE MARK LINDSAY,

JUDGE

AFFIRMED; MOTION TO BE 

RELIEVED GRANTED

N. MARK KLAPPENBACH, Judge

This is a no-merit appeal filed on behalf of Dylan Hunter Goodwin following the 

Washington County Circuit Court’s revocation of his probation in four criminal cases.

1

Goodwin’s counsel filed a timely notice of appeal followed by a no-merit brief pursuant to 

Anders v. California, 386 U.S. 738 (1967), and Arkansas Supreme Court Rule 4-3(b) (2021), 

along with a motion to be relieved as counsel asserting that there is no issue of arguable merit 

on appeal. Appellant was notified of his right to file pro se points in response to his counsel’s 

brief, but he has filed none. We affirm the revocation of Goodwin’s probation and grant

counsel’s motion to be relieved. 

 

1This appeal returns to us after we ordered counsel to rebrief the appeal. Counsel’s 

first brief did not comply with our rules concerning no-merit briefs. Those deficiencies have 

been remedied in counsel’s substituted brief. 
2

In May 2018, Goodwin pleaded guilty to residential burglary and felony theft of 

property in case number 72CR-14-1847, possession of oxycodone in case number 72CR-14-

2310, possession of methamphetamine in case number 72CR-17-3212, and failure to appear

in case number 72CR-17-2851. For these crimes, Goodwin was ordered to serve ninety days 

in community corrections and then serve four years of probation. Goodwin’s probation

required that he abide by certain written conditions of behavior including that he pay $100 

a month toward $1,345 in total fines, costs, and fees.

In October 2020, the State filed a motion to revoke his probation for violating the 

probation conditions that required him to (1) report as directed to his probation officer, (2)

pay fines and fees as ordered, (3) remain on good behavior and not commit new criminal 

offenses, and (4) not test positive for controlled substances.

At the hearing conducted on October 7, 2020, defense counsel did not object to the 

entry of exhibits, and testimony was taken from four witnesses. The State proved that 

Goodwin had made no payments on the $1,345 due. According to Goodwin’s probation 

officer, Goodwin never provided proof of employment or evidence of where he was living.

Furthermore, the probation officer had an encounter with Goodwin during which Goodwin 

admitted having purchased methamphetamine and another encounter wherein Goodwin 

admitted he would test positive for marijuana. At the conclusion of the hearing, the circuit 

court revoked Goodwin’s probation and sentenced him to four years in the Department of 

Community Correction on each offense to be followed by sixteen years of suspended 

imposition of sentence on the residential-burglary charge and two years of suspended 
3

imposition of sentence on each of the other charges.

2 Goodwin’s attorney filed a notice of 

appeal from the sentencing order. His attorney has filed a no-merit brief and a motion to 

be relieved as counsel with our court. 

 A request to withdraw on the ground that the appeal is wholly without merit shall be 

accompanied by a brief, including an argument section that consists of a list of all rulings 

adverse to the defendant made by the circuit court on all objections, motions, and requests 

made by either party with an explanation as to why each adverse ruling is not a meritorious 

ground for reversal. Bohanon v. State, 2020 Ark. App. 22, 594 S.W.3d 92. In considering a 

no-merit brief, we must determine whether, after a full examination of the proceedings, there 

is any nonfrivolous basis for an appeal. Id.

Goodwin’s attorney contends that there were no adverse rulings in this case other 

than the decision to revoke Goodwin’s probation and that there were multiple bases to 

revoke his probation. To revoke probation, the State must prove by a preponderance of the 

evidence that the defendant violated a condition of his probation. Stewart v. State, 2021 Ark. 

App. 289, 624 S.W.3d 357. We will not reverse the circuit court’s findings unless they are 

clearly against the preponderance of the evidence. Id. Determining whether a preponderance 

of the evidence exists turns on questions of credibility and weight to be given to the 

 

2Goodwin was permitted one week to take care of his personal affairs and was to turn 

himself in to begin serving his sentence on the morning of October 14, 2020. Goodwin did 

not appear. The circuit court filed an order on October 29, 2020, stating that the issues of

Goodwin’s contempt and pending request for an appeal bond “will be considered at a date 

to be determined in the future.” There is no order in this record resolving those issues, so 

those issues are not final and are not before us in this appeal.
4

testimony. Id. There were multiple violations found to be true by the circuit court, and any 

one of those violations would support revocation. We agree that counsel has demonstrated 

that there is no issue of arguable merit to raise on appeal as to the sufficiency of the evidence 

to revoke. 

From our review of the record and the brief presented to us, we find that counsel has 

complied with Anders and Rule 4-3 and hold that the appeal is without merit. Accordingly, 

we affirm the revocation and grant counsel’s motion. 

Affirmed; motion to be relieved granted. 

ABRAMSON and BROWN, JJ., agree.

Leah Ryals Jacobs, for appellant.

One brief only.