Craigg v. State

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Cite as 2012 Ark. 95 SUPREME COURT OF ARKANSAS No. CR12-128 ANTHONY ORAL CRAIGG APPELLANT V. Opinion Delivered March 1, 2012 MOTION TO BE RELIEVED AS ATTORNEY FOR APPELLANT STATE OF ARKANSAS APPELLEE GRANTED. PER CURIAM Anthony Oral Craigg was found guilty of one count of rape and sentenced as a habitual offender to a term of life imprisonment without parole. An appeal from the judgment has been lodged in this court. Appellant Craigg is represented on appeal by Kao V. Lee, a fulltime public defender. Ms. Lee now asks that she be relieved as counsel on the ground that she is ineligible for compensation for services as appellate counsel. Arkansas Code Annotated section 19-4-1604(b)(2)(B) (Repl. 2007) provides that persons employed as full-time public defenders who are not provided a state-funded secretary are eligible to seek compensation for appellate work. Counsel here affirms that she is a fulltime public defender with a full-time, state-funded secretary. Under these circumstances, she is not entitled to be paid for services in this appeal, and her request to be relieved is well founded. See Rhodes v. State, 2009 Ark. 138, 297 S.W.3d 551 (per curiam). Therefore, we grant Ms. Lee s motion to be relieved, and we appoint attorney Shelly Cite as 2012 Ark. 95 Hogan Koehler to represent the appellant. Our clerk is directed to set a new briefing schedule for the appeal. Motion granted. 2