Melony Nazaretta and Melissa DeBate v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

JUNE 5, 2003

MELONY NAZARETTA and MELISSA DeBATE

Appellants

v.

STATE OF ARKANSAS

Appellee

CR 03-27

PRO SE MOTIONS FOR APPOINTMENT OF COUNSEL [CIRCUIT COURT OF VAN BUREN COUNTY, NO. CR 99-164, CR 99-165, HON. MICHAEL MAGGIO, JUDGE]

MOTIONS MOOT

On February 7, 2001, judgments were entered reflecting that joint defendants Melony Nazaretta and Melissa DeBate had been found guilty in a jury trial of conspiracy to manufacture a controlled substance, possession of a controlled substance, and simultaneous possession of drugs and firearms. An aggregate sentence of 300 months' imprisonment was imposed on each defendant.

Nazaretta and DeBate were represented at trial by their retained attorney, Dale Finley. Mr. Finley filed a timely joint notice of appeal from the judgments on March 9, 2001, but the appeal was never perfected. Nazaretta and DeBate filed a pro se joint motion for rule on clerk, asking to be permitted to proceed with the appeal. We granted the motion and directed Mr. Finley to lodge the remainder of the record if it had been prepared or, alternatively, to file a petition for writ of certiorari in this court within thirty days to bring up the record, or thatportion of it, necessary for the appeal. Nazaretta and DeBate, CR 03-27 (Ark. April 17, 2003) (per curiam). The thirty-day period elapsed on Monday, May 19, 2003, but Mr. Finley has taken no action. On May 22, 2003, appellants each filed a motion for appointment of counsel.

The motions for appointment of counsel are moot inasmuch as the appellants are represented by counsel in this appeal even though counsel has not conformed to procedural rules or taken the action directed by this court. Mr. Finley will submit within seven days of the date of this opinion the remainder of record if it had been prepared or file a petition for writ of certiorari as previously directed. Failure to act will result in issuance of a order for counsel to appear and show cause why he should not be held in contempt.

A copy of this opinion will be forwarded to the Arkansas Supreme Court Committee on Professional Conduct.

Motions moot.

Corbin, J., not participating.