Opinion
CR 10-1164
Opinion Delivered April 14, 2011
Pro Se Motion to File Belated Pro Se Brief [Pulaski County Circuit Court, CR 2009-2188, Hon. Marion Humphrey, Judge], Pro Se Motion Moot.
In 2010, appellant Gregory H. Holt was found guilty of aggravated residential burglary and domestic battering in the first degree for which he was sentenced to an aggregate sentence of life imprisonment. An appeal from that judgment has been lodged in this court. Appellant is represented on appeal by his retained attorney Edward G. Adcock, who also represented him at trial.
The briefing schedule set for the appeal provided that the appellant's brief-in-chief was due to be filed January 31, 2011. A clerk's extension was granted, making the brief due to be filed February 7, 2011. Counsel requested and was granted a second extension of time by written motion, making the brief due to be filed March 9, 2011. A final extension of time was granted on March 8, 2011, making the brief due to be filed March 17, 2011. The brief was not filed by that date, and no motion to file a belated brief has been filed by counsel.
On April 4, 2011, the pro se motion that is now before us was filed. In the motion, appellant notes that the brief has not been filed by his attorney. He asks to be permitted to file a belated pro se brief so that the appeal may go forward.
Mr. Adcock is attorney-of-record for this appeal and obligated to represent the appellant until such time as he may be relieved of that responsibility by this court. Ark. R. App. P. — Crim. 16 (2010). Mancia v. State, 2009 Ark. 208, 306 S.W.3d 10 (per curiam). He is directed to file within seven days of the date of this opinion a motion to file a belated brief. The appellant's pro se motion is moot.
A copy of this opinion shall be forwarded to the Committee on Professional Conduct.
Pro se motion moot.