Sanford v. State

Annotate this Case
               Damond SANFORD v. STATE of Arkansas

CR 96-908                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
                Opinion delivered March 17, 1997


Appeal & error -- motion for belated appeal denied -- show-cause
     order issued. -- Where no less that four extensions to file
     the brief were granted, the brief was not filed, no brief was
     tendered with the motion, and counsel did not concede fault,
     the motion was denied, and counsel was ordered to appear and
     show cause why he should not be held in contempt for failure
     to file the brief.

     Motion for Belated Appeal denied; Order to Appear and Show
Casue issued.
     Willaim M. Howard, Jr., for appellant.
     No response.

     Per Curiam.
     Appellant Damond Sanford was convicted by a jury of capital
murder and was sentenced to death by lethal injection.  On
September 4, 1996, Sanford's attorney, William M. Howard, Jr., was
granted an extension until October 14, 1996, to file his brief on
appeal.  On October 15, 1996, Howard was granted a second extension
to file his brief by November 13, 1996.  On November 14, 1996,
Howard was granted a third extension to file his brief by December
13, 1996.  Again, on December 17, 1996, Howard was granted a fourth
and final extension to file a brief by January 12, 1997.  On
February 21, 1997, Sanford filed a motion for belated appeal,
asking that he be allowed to file a belated brief.  No brief was
tendered with the motion, and Howard has not accepted
responsibility for failing to timely file a brief on behalf of his
client.
     The motion for belated appeal is denied.  William M. Howard,
Jr., is hereby ordered to appear before this court on March 31,
1997, at 9:00 a.m. to show cause why he should not be held in
contempt for his failure to file Sanford's brief.