Moss v. State

Full title: Mike MOSS, Appellant, v. STATE of Arkansas, Appellee.

Court: Court of Appeals of Arkansas

Date published: Jan 21, 1981

610 S.W.2d 284 (Ark. Ct. App. 1981)

Opinion

610 S.W.2d 284 (Ark.App. 1981) Mike MOSS, Appellant, v. STATE of Arkansas, Appellee. No. CA CR 80-68. Court of Appeals of Arkansas. January 21, 1981.

        E. Alvin Schay, State Appellate Public Defender, Little Rock, for appellant.

        Steve Clark, Atty. Gen., Little Rock, for appellee.

        PER CURIAM.

        The State Appellate Defender has filed a motion asking this court to determine whether or not the appellant is an indigent and, if so, prays this court to require a supplemental transcript be provided as asked for in the appellant's petition for certiorari filed November 12, 1980.

        The appellant's petition for certiorari has been denied by this court and a petition for clarification and direction has been denied. Both motions have asked this court to compel the trial court to provide a supplemental transcript at no cost to the appellant and for his use in his appeal of his conviction in the trial court. This court still declines to require such transcript to be provided until this court determines that the trial court was in error in requiring the appellant to pay $300.00 of the cost of such transcript.

        The State Appellate Defender is hereby granted 30 days to file a brief on the issue set out above. His brief shall be served upon the Attorney General who shall have 30 days to file a brief in response. A reply brief may be filed within 15 days thereafter.