Troy Elliott v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

MAY 15, 2003

TROY ELLIOTT

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 03-142

PRO SE MOTION FOR BELATED APPEAL OF JUDGMENT [CIRCUIT COURT OF CRAWFORD COUNTY, NO. CR 2001-79, HON. FLOYD G. ROGERS, JUDGE]

MOTION DENIED

On September 14, 2001, judgment was entered reflecting that Troy Elliott had been found guilty by a jury of three counts of theft of services and sentenced to a term of 168 months' imprisonment. A fine of $7,500 was also imposed, and Elliott was ordered to make restitution in the amount of $45,000. The judgment was amended on September 21, 2001, apparently to correct a clerical error that omitted a page from the judgment.1

Elliott was represented at trial by a retained attorney who was relieved as counsel by the trial court on September 13, 2001. On October 12, 2001, a pro se notice of appeal from the original judgment was filed. It was signed "Troy Elliott by Roberta Elliott." The appeal was not perfected, and Mr. Elliott now seeks to proceed with a belated appeal of the judgment pursuantto Rule 2(e) of the Rules of Appellate Procedure--Criminal, which permits a belated appeal in a criminal case in some instances.

In the motion petitioner Elliott makes no mention of the notice of appeal filed on October 12, 2001. Rather, he contends that his attorney filed a notice of appeal and remains responsible for representing him on appeal. Petitioner has not, however, provided a record with a copy of the notice alleged to have been filed by counsel; and, as stated, the record lodged here with the motion for belated appeal contains an order relieving counsel entered September 13, 2001.

Rule 16 of the Rules of Appellate Procedure--Criminal provides in pertinent part that trial counsel, whether retained or court appointed, shall continue to represent a convicted defendant throughout any appeal, unless permitted by the trial court or the appellate court to withdraw in the interest of justice or for other sufficient cause. Here, counsel was relieved by the trial court, and appellant has failed to establish that there was any good cause for his failure to retain other counsel or perfect the appeal pro se.

Motion denied.

Corbin, J., not participating.

1 The judgment was again amended on April 15, 2003. Petitioner filed a pro se notice of appeal from the amended judgment and has tendered a partial appeal record to this court.