Allen Smith v. State of Arkansas

Allen SMITH v. STATE of Arkansas

CR 96-662                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
                Opinion delivered October 7, 1996


Contempt -- belated-appeal motion denied -- show-cause order 
     issued. -- Where appellant's attorney, who had received two
     extensions to file a brief on appeal, filed a motion for
     belated appeal upon the expiration of his final extension but
     thereafter failed to file or tender a brief on behalf of his
     client, the supreme court denied the motion for belated appeal
     and ordered the attorney to appear before the court to show
     cause why he should not be held in contempt for his failure to
     file appellant's brief. 


     Motion for Belated Appeal denied; Order to Appear and Show
Cause issued.
     Louis A. Etoch, for appellant.
     No response.

     Per Curiam.
     Appellant, Allen Smith, was convicted by a jury of two counts
of aggravated assault for which he was sentenced to a total of
twelve years in prison.  On July 2, 1996, Smith's attorney, Louis
Anthony Etoch, was granted an extension until August 29, 1996, to
file his brief on appeal.  Again, on August 21, 1996, Etoch was
granted a second and final extension to file a brief with such
being due on September 19, 1996.  However, on September 19, 1996,
Etoch filed a "Motion for Belated Appeal," asserting that he
intended to file the brief "next week" and asking that he be
allowed to file the brief "as soon as possible."  Etoch has thus
far failed to file or tender a brief on behalf of his client.
      The Motion for Belated Appeal is denied. Louis Anthony Etoch
is hereby ordered to appear before this court on the fourteenth day
of October, 1996, at 9:00 a.m., to show cause why he should not be
held in contempt of this court for his failure to file the
appellant's brief.