Brooks v. State

Lester Tyrone BROOKS v. STATE of Arkansas

CR 96-771                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
              Opinion delivered September 16, 1996


Appeal & error -- indigency motion remanded. -- Where appellant 
     moved to be declared indigent, and the filed partial record
     indicated that he had retained trial counsel different from
     counsel petitioning on appellant's behalf for indigency, the
     supreme court remanded the matter to the trial court for a
     determination of indigency and for appointment of counsel for
     appeal on a finding of indigency.


     Motion to Proceed on Appeal In Forma Pauperis; remanded.
     Pro Se.
     No response.

     Per Curiam.
          Appellant Lester Tyrone Brooks moves this court to
declare him indigent for purposes of appeal.  He attaches an
affidavit to establish indigency which is duly executed.  We note
from the partial record filed that the appellant had retained
counsel for trial who is different from counsel petitioning on
appellant's behalf for indigency.  Because of this fact, we remand
this matter to the trial court for a determination of indigency and
for appointment of counsel for appeal, if indigency is found.