Sipe v. State
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Cite as 2011 Ark. App. 484
ARKANSAS COURT OF APPEALS
EN BANC
No. CACR11-677
Opinion Delivered
ROBERT RYAN SIPE
APPELLANT
August 24, 2011
APPEAL FROM THE GARLAND
COUNTY CIRCUIT COURT,
[NO. CR-2010-209-I]
V.
HONORABLE JOHN HOMER WRIGHT,
JUDGE
STATE OF ARKANSAS
APPELLEE
MOTION MOOT
PER CURIAM
Before the court is a motion to withdraw as attorney on direct appeal, filed by Mark
Fraiser of the Office of the Public Defender for the 18th Judicial District. The Public
Defender was appointed to represent the appellant on appeal by an order of the circuit court
filed on May 16, 2011. However, the notice of appeal had already been filed by appellant’s
trial counsel, Tylar C.M. Tapp, III, on April 6, 2011; therefore, the circuit court had no
jurisdiction to enter the order of appointment.
Mr. Tapp remains the attorney of record. If he wishes to withdraw from the case, he
should file an appropriate motion with this court. If he wishes to remain on the case as
appointed counsel, he should file a motion with supporting affidavit of indigency by the
appellant.
The clerk shall notify Mr. Tapp of his obligations per this opinion and set a new
briefing schedule. Mr. Fraiser’s motion is moot.
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