Bryan Tanskley v. State of Arkansas

── Bryan Tanskley v. State of Arkansas ── Court: Court of Appeals of Arkansas Date: May 20, 2026 Category: General Cite as 2026 Ark. App. 328 ARKANSAS COURT OF APPEALS DIVISION II No. CR-25-641 BRYAN TANSKLEY Opinion Delivered: May 20, 2026 APPEAL FROM THE ASHLEY APPELLANT COUNTY CIRCUIT COURT [NO. 02CR-20-140] V. HONORABLE ROBERT B. GIBSON III, STATE OF ARKANSAS JUDGE APPELLEE AFFIRMED; MOTION TO WITHDRAW GRANTED; REMANDED TO CORRECT SENTENCING ORDER STEPHANIE POTTER BARRETT, Judge This is a no-merit appeal filed on behalf of Bryan Tanksley (“Tanksley”) following the Ashley County Circuit Court’s revocation of his suspended imposition of sentence in case no. 02CR-20-140.1 Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(b) of the Rules of the Supreme Court and Court of Appeals, counsel for Tanksley has filed a no- 1 There are two companion cases dealing with the revocation of Tanksley’s SIS in case no. 02CR-20-181 and his conviction in case no. 02CR-24-58. The circuit court held one revocation hearing on the State's petitions in case no. 02CR-20-140 and 02CR-20-181 and imposed sentence on the revocations after the jury sentencing in case no. 02CR-24-58. Counsel filed three separate appeals containing substantially similar points on appeal, and we are also handing down opinions in the companion cases today. See Tanksley v. State, 2026 Ark. App. 321, ___ S.W.3d ___; Tanksley v. State, 2026 Ark. App. 322, ___ S.W.3d ___. merit brief and a motion to withdraw, asserting that there is no issue of arguable merit to raise on appeal. The clerk of this court provided Tanksley with a copy of his counsel’s brief and notified him of his right to file a pro se statement of points for reversal, which Tanksley has not done. We affirm and grant the motion to withdraw; however, we remand in order to correct an error on a sentencing order. On September 28, 2020, Tanksley entered negotiated guilty pleas as an habitual offender to possession of methamphetamine, a Class D felony, and possession of drug paraphernalia, a Class D felony in case no. 02CR-20-140.2 He was sentenced to seventy-two months in the Arkansas Division of Correction (“ADC”) with twenty-four months’ suspended imposition of sentence (“SIS”) on each count to run concurrently. The terms and conditions of his SIS prohibited him from committing a felony or criminal offense punishable by imprisonment or possessing controlled substances. On April 2, 2024, the State petitioned for revocation of Tanksley’s SIS. The State alleged Tanksley violated the terms of his SIS because he was arrested on drug-related charges. On December 16, 2024, the circuit court held the revocation hearing. The circuit court took judicial notice of the SIS orders and conditions without objection. Josh Pollock 2 Also in September 2020, Tanksley pled guilty as a habitual offender to possession of a controlled substance, Sched. I/II; possession of drug paraphernalia; and possession of a controlled substance, Sched. VI in case no. 02CR-20-181, and the circuit court imposed an aggregate sentence of six years’ imprisonment and two years’ SIS to run concurrently with his sentence in 02CR-20-140. 2 (“Pollock”), an investigator with the Ashley County Sheriff’s Department, testified that officers searched Tanksley’s residence on March 14, 2024, and located two vials of morphine in a dresser drawer. Tanksley objected to Pollock’s characterization of the substance as morphine. The circu