NOT DESIGNATED FOR PUBLICATION

ARKANSAS COURT OF APPEALS

SAM BIRD, JUDGE

DIVISION I

CECIL BALLEW,

APPELLANT

V.

STATE OF ARKANSAS,

APPELLEE

CACR01-881

JULY 3, 2002

APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT,

NO. CR95-2034,

HON. DAVID BOGARD, JUDGE

AFFIRMED

Appellant Cecil Ballew was found guilty of possession of a controlled substance with intent to deliver and possession of drug paraphernalia. Ballew was sentenced to 168 months in the Arkansas Department of Correction. Pursuant to Anders v. California, 386 U.S. 738 (1967), and Arkansas Supreme Court Rule 4-3(j)(1) (2001), Ballew's counsel has filed a no-merit brief and a motion to withdraw as Ballew's attorney, stating that this appeal is without merit. Ballew was provided with a copy of the brief in accordance with Rule 4-3(j)(2) and advised by letter that pursuant to the rule, he was allowed to file within thirty days any points that he desired to raise on appeal. Because Ballew failed to exercise his right to file pro se points for reversal, the State did not file a brief. We agree that Ballew does not have a meritorious argument for appeal. Therefore, counsel's motion to be relieved is granted, and the decision below is affirmed.

At trial, the State presented evidence that Kevin Thompson, a deputy with the Pulaski County Sheriff's Department, had attempted to stop a vehicle speeding in a school zone. Jesse Wickliffe, the driver of the vehicle, attempted to flee but wrecked the vehicle in the process. Thompson observed the passenger of the vehicle, Ballew, throw a black pouch out of the window of the vehicle. When Thompson retrieved the bag, he discovered that it contained methamphetamine and drug paraphernalia. After arresting Wickliffe, Thompson searched the vehicle and found a gun under the driver's seat. The trial court determined that because the gun was found under the driver's seat, Ballew would not be found guilty of the charge of simultaneous possession of drugs and a firearm, but did find him guilty of possession of a controlled substance with intent to deliver and possession of drug paraphernalia.

From our review of the record and counsel's brief, we find that counsel has complied with Rule 4-3(j), and hold that the appeal is without merit. Accordingly, counsel's motion to be relieved is granted and the judgment of conviction is affirmed.

Motion granted.

Affirmed

Stroud, C.J., and Crabtree, J., agree.