Gabriel Coker v. State of Arkansas

NOT DESIGNATED FOR PUBLICATION

ARKANSAS COURT OF APPEALS

PER CURIAM

GABRIEL COKER

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR 01-889

OCTOBER 10, 2001

APPEAL FROM THE LONOKE

COUNTY CIRCUIT COURT

[CR 2001-7]

HONORABLE PHILLIP THOMAS

WHITEAKER, CIRCUIT JUDGE

ORDER APPOINTING COUNSEL

Appellant Gabriel Coker has appealed from his conviction in the Lonoke County Circuit Court of the offenses of underage driving under the influence and refusal to submit to a breathalyzer test for which he was sentenced to ten days in jail and a fine of $1,000, required to pay court costs of $150 and attend a DUI education course, and had his driver's license suspended for twenty months. By order entered July 12, 2001, the Lonoke County Circuit Court found that appellant was a pauper for purposes of appeal. Appellant has filed a motion for appointment of counsel.

The record filed by appellant reflects that he was represented by Edgar R. Thompson in his prosecution on these charges in the Cabot Municipal Court, 2nd Division, of Lonoke County. While the record evidences Mr. Thompson's participation as counsel, at least in the municipal court proceeding, it does not reflect Mr. Thompson seeking or being granted leave to withdraw as appellant's counsel. Without addressing whether Mr. Thompson, public

defender for Lonoke County, should be considered as continuing to represent appellant, we hereby appoint him to represent appellant in this appeal. Counsel is directed to cause appellant's abstract and brief to be filed within forty-five days.