Opinion
CR 98-328
Opinion delivered June 11, 1998
APPEAL ERROR — MOTION TO DISMISS APPEAL DENIED — APPELLANT'S ATTORNEY REMAINED COUNSEL OF RECORD. — Where the circuit court entered an order relieving appellant's attorney as counsel after the attorney had filed a notice of appeal, and the appellate brief had yet to be filed, the supreme court denied the State's motion to dismiss the appeal, citing Ark. R. App. P. — Crim. 16, which provides that after the notice of appeal has been filed, the supreme court has exclusive jurisdiction to relieve counsel; appellant's attorney remained counsel of record in the supreme court.
Motion to Dismiss Appeal; denied.
Kenneth Fuchs, for appellant.
Winston Bryant, Att'y Gen., by: David R. Raupp, Sr. Asst. Att'y Gen., for appellee.
Richard Francis Barr was convicted of rape. His counsel, Kenneth Fuchs, filed a notice of appeal on December 5, 1997. An order was entered by the circuit court on December 11, 1997, relieving Mr. Fuchs as Mr. Barr's counsel. The record was lodged with this Court on March 18, 1998. Mr. Barr's brief was due April 20, 1998, but it has yet to be filed.
The State has moved to dismiss the appeal for failure of Mr. Barr to file a brief. A response to the motion was filed by Mr. Fuchs who stated that he had been relieved and suggesting that counsel be appointed to handle the appeal of Mr. Barr who is indigent.
[1] We decline to dismiss the appeal. Arkansas R. App. P. — Criminal 16 provides:
Trial Counsel, whether retained or court appointed, shall continue to represent a convicted defendant throughout any appeal to the Arkansas Supreme Court, unless permitted by
the trial court or the Arkansas Supreme Court to withdraw in the interest of justice or for other sufficient cause. After the notice of appeal of a judgment of conviction has been filed, the Supreme Court shall have exclusive jurisdiction to relieve counsel and appoint new counsel. [Emphasis supplied.]
Mr. Fuchs remains the counsel of record in this Court for Mr. Barr. The Clerk will set a briefing schedule.