ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
 

DIVISION III

CACR02-1110

JANUARY 14, 2004

EARNEST BRITMAN AN APPEAL FROM THE MISSISSIPPI

APPELLANT COUNTY CIRCUIT COURT

v. [CR-2001-183 F]

STATE OF ARKANSAS HONORABLE JOHN FOGLEMAN,

APPELLEE JUDGE

AFFIRMED

Olly Neal, Judge

Following a bench trial, Earnest Britman was convicted of DWI fourth offense, driving on a suspended license, and refusal to submit to blood alcohol testing. He was sentenced to one year's detention in a regional punishment facility and ten days in the county jail. Mr. Britman also received a suspended imposition of sentence for three years, was fined $1,000, and was ordered to pay court costs. The court further ordered that Mr. Britman attend an alcohol-rehabilitation program.

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, Mr. Britman's counsel filed a motion to withdraw on the grounds that the appeal is without merit. The motion was accompanied by a brief purportedly referring to everything in the record that might arguably support an appeal. The clerk of this court furnished Mr. Britman with a copy of counsel's brief and notified him of his right to file pro se points for reversal. Mr. Britman failed to file points for reversal. In an unpublished opinion delivered June 25, 2003, we ordered rebriefing because the abstract and record before us were silent as to Mr. Britman's waiver of his right to trial by jury. Counsel has now filed a substitute brief complying with our order.

The record has been reviewed in accordance with Rule 4-3(j) of the Rules of the Arkansas Supreme Court and Court of Appeals. We conclude that there were no errors with respect to rulings adverse to Britman and that this appeal is without merit. Accordingly, counsel's motion to be relieved is granted, and the judgment of conviction is affirmed.

Affirmed.

Hart and Baker, JJ., agree.