Mancia v. State
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Cite as 2010 Ark. 247
SUPREME COURT OF ARKANSAS
No.
CR 08-770
Opinion Delivered
May 20, 2010
v.
APPEAL FROM THE CIRCUIT
COURT OF BENTON COUNTY, CR
2007-802, HON. TOM J. KEITH,
JUDGE; MOTION TO WITHDRAW
AS COUNSEL
STATE OF ARKANSAS
Appellee
AFFIRMED; MOTION GRANTED.
CHRISTOBAL ANTONIO MANCIA
Appellant
PER CURIAM
A judgment and commitment order entered in 2008 reflects that appellant Christobal
Antonio Mancia entered a plea of guilty to rape and was sentenced by the court to life
imprisonment. Trial counsel filed a notice of appeal and lodged the instant appeal in this
court. Counsel has now filed a motion to be relieved and a no-merit brief pursuant to Anders
v. California, 386 U.S. 738 (1967), and Arkansas Supreme Court Rule 4-3(j)(1) (2008).1 Our
clerk provided appellant with a copy of appellant’s brief and motion as required by Rule 43(j), and appellant submitted no points for reversal.
Although counsel indicates in his brief that there was no applicable exception to the
general rule that there is no right to appeal from a plea of guilty, an appeal may be taken after
a guilty plea when it alleges evidentiary errors which arose after the plea and during the
sentencing phase. Johnson v. State, 2010 Ark. 63. In this case, the plea was entered without
The appeal here was lodged in 2008, although counsel did not file the brief or motion to
withdraw until 2009. Rule 4-3 has been amended and the provisions of then Rule 4-3(j) are now
found in subsection (k) of Rule 4-3. Ark. Sup. Ct. R. 4-3 (2010).
1
Cite as 2010 Ark. 247
benefit of a plea agreement, and appellant was provided a hearing for sentencing purposes.
Counsel asserts that there were no adverse rulings, however, and our review of the record
confirms that there were no objections to the evidence presented to the court. See Ark. Sup.
Ct. R. 4-3(i) (2009). Consequentially, there were no adverse rulings so as to merit an appeal.
As we agree that an appeal is without merit, we affirm the judgment. Counsel’s
motion to be relieved is granted.
Affirmed; motion granted.
-2-
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