Rudi Hernandez v. State of Arkansas
CourtCourt of Appeals of Arkansas
Date FiledNovember 4, 2026
StatusPublished
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Full Opinion
Cite as 2026 Ark. App. 530
ARKANSAS COURT OF APPEALS
DIVISION IV
No. CR-25-324
Opinion Delivered November 4, 2026
RUDI HERNANDEZ APPEAL FROM THE BENTON
APPELLANT COUNTY CIRCUIT COURT
[NO. 04CR-24-1024]
V.
HONORABLE ROBIN F. GREEN,
JUDGE
STATE OF ARKANSAS
APPELLEE AFFIRMED; MOTION TO
WITHDRAW GRANTED
BART F. VIRDEN, Judge
Appellant Rudi Hernandez appeals from the order of the Benton County Circuit
Court revoking his probation and sentencing him to an aggregate term of twelve years’
imprisonment. Hernandez’s appellate counsel filed a no-merit brief pursuant to Anders v.
California, 386 U.S. 738 (1967), and Rule 4-3(b)(1) of the Rules of the Arkansas Supreme
Court and Court of Appeals, along with a motion to withdraw on the basis that this appeal
is wholly without merit. Because of briefing deficiencies and other concerns, we denied
counsel’s motion to withdraw and ordered rebriefing in Hernandez v. State (Hernandez I), 2026
Ark. App. 34, 730 S.W.3d 45, and Hernandez v. State (Hernandez II), 2026 Ark. App. 315.
The case is back before us with counsel stating once again that there is no merit to the appeal.
Hernandez has not filed any renewed pro se points for reversal. After reviewing the record
and arguments of counsel, we agree that there are no issues of arguable merit; therefore, we
affirm the revocation decision and grant counsel’s motion to withdraw.
In July 2024, Hernandez pleaded guilty to two counts of first-degree terroristic
threatening. He was placed on probation for a period of six years; ordered to pay a fine, fees,
and costs; and instructed to comply with special conditions of probation. In October, the
State filed a petition to revoke Hernandez’s probation, alleging that he had committed new
offenses on September 30 and that he had failed to provide proof of his completion of a
substance-abuse assessment and anger-management class, which were special conditions of
his probation. At his revocation hearing in February 2025, Hernandez admitted that he had
committed third-degree endangering the welfare of a minor and third-degree domestic
battering. The trial court sentenced Hernandez to six years’ imprisonment on each count of
terroristic threatening and ordered that the sentences be served consecutively.
Hernandez’s public defender was relieved, and appellate counsel was appointed.
Appellate counsel filed a notice of appeal from the revocation decision and subsequently
filed a no-merit brief and a motion to withdraw from representation.
In Hernandez I, we denied appellate counsel’s motion to withdraw and ordered
rebriefing. We determined that the record did not support counsel’s assertion that
Hernandez had entered a guilty plea to the allegations in the State’s petition to revoke his
probation, thus barring an appeal. We also noted that a portion of Hernandez’s sentence
upon revocation was illegal in that the trial court had ordered Hernandez to complete a
substance-abuse treatment program. We remanded in part with instructions for the trial
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court to strike the illegal aspect of Hernandez’s sentence, but we also ordered counsel to
address the remainder of Hernandez’s sentence to ensure that it was legal in every respect.
In Hernandez II, we noted that appellate counsel had not addressed Hernandez’s
sentence beyond stating that we had struck an illegal condition having to do with substance-
abuse treatment. We offered examples of topics that counsel might want to include—with
citations to authority—in a discussion of the legality of Hernandez’s sentence. We also noted
an adverse ruling that counsel had overlooked in his no-merit brief. Trial counsel had
asserted at the revocation hearing that Hernandez had “learned his lesson” in tacitly
requesting a lighter sentence. While the trial court was initially receptive to the idea, it
ultimately refused after learning that Hernandez had violated a no-contact order in
committing the most recent offenses. The trial court sentenced Hernandez to the maximum
term of imprisonment.
Appellate counsel has addressed the sufficiency of the evidence supporting the trial
court’s revocation decision. Hernandez admitted multiple violations of the conditions of his
probation, and counsel correctly notes that this was sufficient to sustain the trial court’s
revocation decision, citing Maxwell v. State, 2009 Ark. App. 533, 336 S.W.3d 881. We agree
with counsel that there is no meritorious ground for reversal based on sufficiency.
Appellate counsel has explained that trial counsel’s failure to raise any objection when
the trial court refused to consider leniency before issuing its sentence leaves the matter
unpreserved for appeal, citing Ladwig v. State, 328 Ark. 241, 943 S.W.2d 571 (1997). The
trial court’s denial of this request was a discretionary matter that would not have presented
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a meritorious ground for reversal even if trial counsel had objected and preserved the
argument for leniency.
Finally, appellate counsel has adequately addressed the legality of Hernandez’s
sentence with citation to authority covering the maximum punishment available for a Class
D felony, Ark. Code Ann. § 5-4-401(a)(5) (Repl. 2024); the trial court’s sentencing authority
upon revocation, Whitson v. State, 2014 Ark. App. 283; the trial court’s decision to impose
consecutive sentences pursuant to Ark. Code Ann. § 5-4-403(a) (Repl. 2024); and our
standard of reviewing a trial court’s sentencing determination upon revocation, Maldonado
v. State, 2009 Ark. 432.
We have reviewed the record and counsel’s substituted brief and conclude that
counsel has now complied with Anders and Rule 4-3(b). We agree that there are no
nonfrivolous arguments that could serve as the basis for an appeal. Thus, we affirm the
revocation decision and grant counsel’s motion to withdraw.
Affirmed; motion to withdraw granted.
GLADWIN and TUCKER, JJ., agree.
Lassiter & Cassinelli, by: Michael Kiel Kaiser, for appellant.
One brief only.
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