Daniel Drabbant v. State of Arkansas

ARKANSAS SUPREME COURT

No. CR 05-688

NOT DESIGNATED FOR PUBLICATION

DANIEL DRABBANT

Appellant

v.

STATE OF ARKANSAS

Appellee

Opinion Delivered December 1, 2005

PRO SE MOTIONS FOR APPOINTMENT OF COUNSEL AND EXTENSION OF TIME TO FILE BRIEF [CIRCUIT COURT OF JACKSON COUNTY, CR 1999-143, HON. HAROLD ERWIN, JUDGE]

MOTION FOR APPOINTMENT OF COUNSEL DENIED; MOTION FOR EXTENSION OF TIME TO FILE BRIEF MOOT

PER CURIAM

Daniel Drabbant pled guilty to rape and was sentenced to 300 months' imprisonment. Drabbant then filed a petition for writ of habeas corpus pursuant to Act 1780 of 2001 in the trial court, which was dismissed. Drabbant appeals from that order.

Before us now are appellant's motions for appointment of counsel and extension of time to file appellant's brief. Appellant has already tendered a timely brief, rendering the motion for extension of time moot.

This court has held that if an appellant makes a substantial showing that he is entitled to relief in a postconviction appeal and that he cannot proceed without counsel, we will appoint counsel. See Howard v. Lockhart, 300 Ark. 144, 777 S.W.2d 223 (1989) (per curiam). Appellant makes no statement as to the merit of the appeal. We cannot, therefore, find that he has demonstrated that counsel should be appointed for this appeal. Accordingly, the motion for appointment of counsel is denied.

Motion for appointment of counsel denied; motion for extension of time moot.