Turner v. State (Per Curiam)

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Justia Opinion Summary

After a jury trial, Appellant was convicted of aggravated robbery and theft of property and sentenced to life imprisonment. A notice of appeal was filed, but Appellant’s appellate counsel, a full-time public defender, asked that she be relieved as counsel on the ground that she was ineligible for compensation for services as appellate counsel. The Supreme Court granted counsel’s motion to be relieved because, where counsel was a full-time public defender with a full-time, state-funded secretary, counsel was not entitled to be paid for services in this appeal under Ark. Code Ann. 19-4-1604(b)(2)(B).

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Cite as 2014 Ark. 80 SUPREME COURT OF ARKANSAS No. CR-14-59 Opinion Delivered February BRYANT E. TURNER 20, 2014 APPELLANT MOTION TO BE RELIEVED AS ATTORNEY FOR APPELLANT V. STATE OF ARKANSAS APPELLEE MOTION GRANTED. PER CURIAM Appellant, Bryant E. Turner, was convicted by a Faulkner County Circuit Court jury of aggravated robbery and theft of property with a firearm enhancement and was sentenced to life imprisonment. An appeal from the judgment has been lodged in this court. Turner is represented on appeal by Karen Walker, a full-time public defender. Ms. Walker 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). Cite as 2014 Ark. 80 Therefore, we grant Ms. Walker s motion to be relieved, and we appoint attorney Brianne Franks to represent the appellant. Our clerk is directed to set a new briefing schedule for the appeal. Motion granted. 2 CR-14-59

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