ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

JOHN B. ROBBINS, JUDGE

DIVISION III

KENNETH SCARVER

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR 00-742

JUNE 27, 2001

APPEAL FROM THE JEFFERSON

COUNTY CIRCUIT COURT

[NO. CR00-491-2]

HONORABLE H.A. TAYLOR, JR.,

CIRCUIT JUDGE

AFFIRMED

Appellant Kenneth Scarver was convicted by a jury of aggravated robbery and theft of property. He was sentenced to ten years in the Arkansas Department of Correction and fined $1000.00. We affirm.

Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(j) of the Rules of the Arkansas Supreme Court and Court of Appeals, appellant's counsel has filed a motion to withdraw on the grounds that the appeal is without merit. Appellant's counsel's motion was accompanied by a brief discussing all matters in the record that might arguably support an appeal, including all adverse rulings, and a statement of the reason why each point raised cannot arguably support an appeal.

Appellant was provided with a copy of his counsel's brief and notified of his right to

raise pro se points for reversal within thirty days. He filed a response on his own behalf, andhis sole contention is that he received ineffective assistance of counsel. However, since this argument is being raised for the first time it cannot be addressed. In order for a defendant to argue ineffective assistance of counsel on direct appeal, he must first have presented the claim to the lower court either during the trial or in a motion for new trial. Nichols v. State, 69 Ark. App. 212, 11 S.W.3d 19 (2000).

Based on our review of the record, we conclude there has been full compliance with Rule 4-3(j) and that the appeal is without merit. Appellant's counsel's motion to be relieved is granted and the judgment is affirmed.

Affirmed.

Griffen and Crabtree, JJ., agree.