Michael Smith, Jr. v. State of Arkansas

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Michael SMITH, Jr. v. STATE of Arkansas
CA CR 98-134___ S.W.2d ___

Court of Appeals of Arkansas
En Banc
Opinion delivered July 1, 1998


Attorney & client -- motion for substitution of counsel remanded. -- Where     appellant, who had filed an affidavit of indigency and had been represented by appointed counsel, was subsequently able to retain private counsel and had filed a motion for substitution of counsel, the appellate court remanded the case to the trial judge who entered the finding of indigency so that the cost of the transcript could be assessed against appellant and ordered paid by him; the trial court was directed to grant appellant's motion for substitution of counsel upon payment of the transcript cost.


    Appeal from Pulaski Circuit Court, Seventh Division; John B. Plegge, Judge; Motion for Substitution of Counsel remanded.
    Appellant, pro se.
    No response.

    Per Curiam.
    Michael Smith has filed a motion to substitute Alvin D. Clay as his attorney in place of William R. Simpson, Jr., on the appeal of his conviction in the Pulaski County Circuit Court, Seventh Division. On February 3, 1997, William R. Simpson, Jr., was appointed counsel for appellant by the trial judge, who found thatappellant was unable to obtain effective representation of counsel without substantial financial hardship to himself or his family after appellant filed an affidavit of indigency. Accordingly, appellant received a trial transcript paid for by the State of Arkansas.
    It now appears that appellant has been able to retain private counsel by whom he is willing to be represented (Alvin Clay). Therefore, we remand the case to the trial judge who entered the finding of indigency so that the cost of the transcript can beassessed against appellant and ordered paid by him. Upon payment of that cost, the trial court is directed to grant appellant's motion for substitution of counsel. Appellant's brief will be due in this court within thirty days from the date that the trial court grants the motion for substitution of counsel.
    Pittman and Roaf, JJ., would certify to Supreme Court.