Warren Doug Looney v. State of Arkansas

EN BANC

NOT DESIGNATED FOR PUBLICATION

ARKANSAS COURT OF APPEALS

PER CURIAM

CACR01-1308

DECEMBER 23, 2002

WARREN DOUG LOONEY AN APPEAL FROM THE INDEPENDENCE APPELLANT COUNTY CIRCUIT COURT[CR99-177]

v.

STATE OF ARKANSAS HONORABLE JOHN DAN KEMP, JUDGE

APPELLEE

MOTION GRANTED

Appellant, Warren Doug Looney, moves, pro se, for reinstatement of his appeal.

On October 13, 2000, judgment was entered reflecting that Looney had been found guilty by a jury of aggravated robbery and sentenced to 360 months' imprisonment. Looney was represented at trial by his retained attorney, Kenneth Fuchs. Mr. Fuchs filed a timely notice of appeal, but the appeal was not perfected.

On November 30, 2001, Looney lodged a partial record and filed his pro se motion for belated appeal. The supreme court treated Looney's pro se motion for belated appeal as a motion for rule on the clerk and granted same in its unpublished opinion on January 31, 2002. The supreme court held that "Mr. Fuchs remains attorney-of-record and is appointed to represent the appellant. . . . Mr. Fuchs is responsible for the appeal."

On October 7, 2002, the State of Arkansas filed its motion, in this court, to dismiss the appeal for failure of appellant to file an abstract and brief. On October 30, 2002, this court granted the State's motion to dismiss appeal.

On December 2, 2002, appellant filed this pro se motion for reinstatement of his appeal. We grant appellant's motion; relieve Mr. Kenneth Fuchs as attorney of record; and appoint:

Ms. Maureen Hazinski Harrod

Attorney at Law

P.O. Box 664

Heber Springs, AR 72543

as attorney of record for appellant.

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

Hart and Roaf, JJ., would not refer to Committee.

Baker, J., not participating.