ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

LARRY D. VAUGHT, JUDGE

DIVISION II

SUNNI UMAR NURI

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR02-835

June 25, 2003

APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT

CR2001-3557

HON. MARION HUMPHREY, JUDGE

AFFIRMED

The State filed a felony information charging appellant Sunni Umar Nuri with residential burglary and theft of property. It was further alleged that appellant was a habitual offender under Ark. Code Ann. § 5-4-501(b) (Supp. 2001), having committed four or more prior felonies. Appellant waived his right to a jury trial. At the conclusion of the trial, the court found appellant guilty of both charges and sentenced him as a habitual offender under Ark. Code Ann. § 5-4-501(a) (Supp. 2001), with the court finding that he had been convicted of three prior felonies. He was sentenced to ten years in the Arkansas Department of Correction for the residential burglary conviction, with credit for 315 days served in jail. The theft of property conviction was merged with the burglary conviction.

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 attorney has filed a motion to withdraw as counsel on the ground that the 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 ofreasons why none of those rulings would be a meritorious ground 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 pro se points of appeal within thirty days. Appellant responded by filing two pro se points for reversal.

Consistent with the brief filed by appellant's counsel, our review of the record reveals no adverse ruling to appellant. Both of appellant's pro se points involve challenges to the sufficiency of the evidence. The points raised by appellant, however, are not preserved for review because appellant failed to challenge the sufficiency of the evidence at trial. In a bench trial, Rule 33.1(b) of the Arkansas Rules of Criminal Procedure requires that a motion for dismissal be made at the close of all the evidence and that the motion state the specific grounds for the motion. The failure of a defendant to challenge the sufficiency of the evidence at the time and in the manner provided by Rule 33.1 constitutes a waiver to the sufficiency of the evidence to support the judgment. Ark. R. Crim. P. 33.1(c).

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 of conviction is affirmed.

Baker and Roaf, JJ., agree.