Lovelady v. State

Thomas James LOVELADY v. STATE
of Arkansas

CR 96-259       ___ S.W.2d ___

   Supreme Court of Arkansas
  Opinion delivered March 25,
1996


Criminal procedure -- public
defender -- case remanded for
     eligibility hearing. --
     Where a public defender
     was appointed to
     represent appellant, who
     was convicted and
     sentenced on a rape
     charge and posted a
     $50,000 appeal bond, the
     supreme court, pursuant
     to Ark. Code Ann.  16-
     87-113(b) (Supp. 1995),
     remanded the case to the
     trial court for a hearing
     to determine if appellant
     was still eligible and
     entitled to the services
     of the public defender. 


     Motion to Withdraw as
Counsel; remanded.
     Christopher Carter, Baxter
County Public Defender, for
appellant.
     No response.

     Per Curiam.March 25, 1996 
 *ADVREP8*






THOMAS JAMES LOVELADY,
                    APPELLANT,

V.

STATE OF ARKANSAS,
                    APPELLEE,




CR96-259


MOTION TO WITHDRAW AS COUNSEL





REMANDED.




                           PER CURIAM


     
     This motion is filed by Christopher Carter of the Baxter
County Public Defender's Office.  He was appointed to represent
Thomas James Lovelady on a charge of rape.  On September 18, 1995,
Lovelady was convicted and sentenced to forty years imprisonment. 
A timely notice of appeal was filed.
     On January 8, 1996, the Baxter County Circuit Court set
Lovelady's appeal bond at $50,000.  The next day, Lovelady posted
the bond, which he had obtained through First Arkansas Bail Bonds,
Inc.  On February 28, 1996, Christopher Carter filed a partial
record with this court, and filed his motion asking to be relieved
as counsel.  He asserts that Lovelady's posting of a $50,000 bond
indicates that he is not indigent and therefore not entitled to the
services of the public defender's office.  
     Arkansas Code Annotated  16-87-113(a)(1) (Supp. 1995)
provides as follows: 

     Any person charged with a criminal offense desiring to
     obtain the services of a public defender shall affirm in
     writing that he is without funds or assets with which to
     employ private counsel and that he has not been released
     on money bail in an amount greater than fifteen thousand
     dollars ($15,000) pursuant to the execution of an
     unsecured or secured bond.


     The movant contends that, because Lovelady has been released
on bail in an amount greater than $15,000, he can no longer utilize
the services of the public defender.  Arkansas Code Annotated  16-
87-113(b) (Supp. 1995) contemplates the situation in which an
accused posts a bond in an amount greater than $15,000 after the
public defender has been appointed:

     If a public defender is appointed and the indigent person
     is later released on money bail in an amount greater than
     fifteen thousand dollars ($15,000) pursuant to the
     execution of an unsecured or secured bond, then the court
     may hold a hearing to determine if the person is still
     eligible and entitled to the services of a public
     defender.

     If the court determines that the person is ineligible and
     not entitled to the services of a public defender, then
     the court may release the public defender as attorney of
     record.


     Pursuant to this statute, we remand the case to the trial
court for a hearing to determine if Lovelady is still eligible and
entitled to the services of the public defender.