Jerry Acrey v. State of Arkansas

ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

EN BANC

JERRY ACREY

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR 01-274

JUNE 27, 2001

APPEAL FROM THE CRAIGHEAD COUNTY CIRCUIT COURT, WESTERN DISTRICT, [NO. CR00-43, CR 98-601]

HONORABLE DAVID RAY GOODSON,

CIRCUIT JUDGE

MOTION TO DISMISS DENIED; MOTION FOR APPOINTMENT OF COUNSEL

DENIED; MOTION TO FILE A BELATED BRIEF GRANTED

Appellant Jerry Acrey was convicted of possession of a controlled substance, and lodged the record on appeal on March 7, 2001. On the same day, his counsel filed a motion to withdraw due to conflicts with the appellant. We granted appellant's counsel's motion to withdraw on April 4, 2001, and extended appellant's brief deadline to May 14, 2001.

On June 7, 2001, the State filed a motion to dismiss the appeal, correctly asserting that as of that date appellant had failed to file a brief or a motion requesting additional time. In response to the State's motion, Mr. Acrey filed a motion to file a belated brief and motion for court-appointed counsel. In his motion, he maintained that he has insufficient funds to hire an attorney.

We deny the State's motion to dismiss, and grant Mr. Acrey's motion to file a belated brief. His brief is due forty days from the date of this opinion. Mr. Acrey's request for the

appointment of attorney is denied, but without prejudice to a subsequent motion for appointment of counsel, which is supported by an affidavit of indigency.

Motion to dismiss denied; motion for appointment of attorney denied without prejudice; motion to file a belated brief granted.