Kirby v. State

Full title: James KIRBY v . STATE of Arkansas

Court: Supreme Court of Arkansas

Date published: Jan 14, 1999

983 S.W.2d 431 (Ark. 1999)

983 S.W.2d 431

Opinion

CR 98-1442

Opinion delivered January 14, 1999

APPEAL ERROR — MOTION TO FILE BELATED APPEAL — REMANDED. — Where neither appellant nor his trial counsel had filed a timely appeal, and where appellant retained new counsel, who filed a motion for belated appeal, the supreme court remanded the matter to the trial court to conduct a hearing and to make findings concerning whether appellant had requested his trial counsel to file an appeal.

Motion to File Belated Appeal; remanded.

Lea Ellen Fowler, for appellant.

No response.

PER CURIAM.

[1] Appellant James Kirby was convicted of aggravated robbery and theft of property on May 13, 1997. No timely appeal was filed by Kirby or his counsel, James O. Clawson. Kirby retained new counsel, Lea Ellen Fowler, after the time to file an appeal and post-conviction relief had expired. On May 12, 1998, Fowler filed a motion for belated appeal. We remand this matter to the trial court to conduct a hearing to determine if Mr. Kirby had requested his trial counsel, James O. Clawson, to file an appeal, and direct the trial court to make its findings and remand them to this court within thirty days. See Sanders v. State, 329 Ark. 571, 950 S.W.2d 220 (1997).