ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

KAREN R. BAKER, JUDGE

DIVISION III

HENRY JAMES PRESLEY, SR.

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR01-1043

July 3, 2002

APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT

[NO. CR 2000-2679]

HONORABLE JOHN W. LANGSTON, CIRCUIT JUDGE

AFFIRMED

Henry Presley appeals from a conviction in a bench trial of first-degree battery in violation of Ark. Code Ann. § 5-26-303 (1997). He was sentenced to 120 months' imprisonment in the Arkansas Department of Correction.

The victim, Jessie Tillman, testified that she and appellant were roommates and that they had lived together a little over six months. Ms. Tillman testified that on June 18, 2000, she asked appellant's girlfriend to take her to her mother's house to pick up some clothing. Ms. Tillman's mother was not home at the time. Instead of taking Ms. Tillman back to the house where she lived with appellant, appellant's girlfriend dropped her off at a liquor store down the street from the house. As Ms. Tillman was walking to the house, appellant appeared with a large stick in his hand. Ms. Tillman began to back away from appellant and fell to the ground. After she fell, appellant hit her twice on the leg with a stick. She testified that she knew that her leg was broken because she could see bone protruding through the skin. She underwent surgery at the hospital due to the break, and she now has a steel rod in her leg. She stated that she has a permanent limp and a scar as a result

of the incident.

Officer Bruce Jones with the Little Rock Police Department testified that when he arrived he found a female rolling around on the ground, screaming in pain. Her leg appeared to be visibly deformed from a break. She was able to identify the stick which had been used, and it was recovered. Also, he testified that at the time police arrived, they found appellant walking down the street. He was taken into custody.

During appellant's taped statement, he admitted that he approached the victim and she fell to the ground as she began walking backwards. He admitted that he hit her twice on the leg. Moreover, he testified at trial that he intended to hit the victim on the leg; however, it was his contention that he did not intend to hurt her.

Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(j) of the Rules of the Supreme Court and the Court of Appeals, his lawyer has filed a motion to withdraw as counsel on the ground that this appeal is wholly without merit. The motion is accompanied by an abstract and brief referring to everything in the record that might arguably support the appeal, including all motions, objections, and requests decided adversely to appellant and a statement of reasons why none of those rulings would be meritorious grounds for reversal.

The clerk of this court furnished appellant with a copy of his counsel's brief and notified him of his right to file a pro se list of points on appeal within thirty days. Appellant did not file a pro se list of points on appeal.

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

Pittman and Robbins, JJ., agree