Jimmy Ray Heikkila v. State of Arkansas

NOT DESIGNATED FOR PUBLICATION

ARKANSAS COURT OF APPEALS

PER CURIAM

JIMMY RAY HEIKKILA

APPELLANT

V.

STATE OF ARKANSAS.

APPELLEE

CACR02-852

SEPTEMBER 11, 2002

APPEAL FROM THE BENTON COUNTY CIRCUIT COURT

REMANDED

Appellant has filed a motion requesting permission to substitute privately retained counsel, Mark Alan Jesse, in the place of this present court-appointed attorney, Louis Lim, to represent him in his appeal pending before this court.

Appellant's motion for substitution of counsel appears to fall within an area of concern as expressed in Brewer v. State, 66 Ark. App. 324, 992 S.W.2d 140 (1999), and Brewer v. State, 64 Ark. App. 372, 984 S.W.2d 65 (1998). These cases explained what this court perceived to be an abuse in the process of obtaining appeal transcripts on the part of indigent defendants who were represented by court-appointed counsel and were, therefore, permitted to obtain trial transcripts at the expense of the State and, thereafter, to employ privately retained counsel to represent them on appeal.

In this situation, it is appropriate for us to defer a ruling on appellant's motion pending a

determination by the trial court of whether appellant continues to indigent, using the standards set forth in Hill v. State, 305 Ark. 193, 805 S.W.2d 651 (1991), and Hill v. State, 304 Ark. 348, 802 S.W.2d 144 (1991). Therefore, we remand this matter to the trial court with instructions to conduct proceedings to determine whether appellant continues to be indigent, and to determine the source of the funds that were (or that will be) used to hire appellant's retained counsel. These proceedings shall be conducted and the resulting findings transmitted to the clerk of this court within forty-five days.