Conte v. State

2013 Ark. 402

Opinion

Cite as 2013 Ark. 402

SUPREME COURT OF ARKANSAS No. CR-13-721

RICHARD RALPH CONTE Opinion Delivered October 10, 2013 APPELLANT MOTION TO WITHDRAW AS V. ATTORNEY OF RECORD AND FOR APPOINTMENT OF STATE OF ARKANSAS APPELLATE COUNSEL; MOTION APPELLEE TO PROCEED IN FORMA PAUPERIS

MOTIONS GRANTED.

PER CURIAM

Jack Lassiter, counsel for appellant Richard Ralph Conte, petitions this court to

withdraw as attorney of record and for appointment of appellate counsel. Also before us is

Conte’s motion and affidavit in support to proceed in forma pauperis pursuant to Ark. Sup.

Ct. R. 6-6 (2013).

On January 18, 2013, Conte was convicted by a Faulkner County jury of two counts

of capital murder and sentenced to two consecutive life-without-parole sentences and an

additional consecutive sentence of 180 months on each count pursuant to Arkansas Code

Annotated section 16-90-121 (Repl. 2006). On February 21, 2013, Conte timely filed a

notice of appeal and a petition to proceed in forma pauperis with the circuit court. On

February 22, 2013, an order was entered by the circuit court declaring Conte indigent for

appeal. However, the affidavit of indigency was not filed until March 6, 2013. Cite as 2013 Ark. 402

On August 19, 2013, the record was lodged with this court. On that same date,

Lassiter filed a motion to withdraw as attorney of record and for appointment of appellate

counsel. On September 12, 2013, by docket entry, we denied the motion to withdraw as

attorney of record and for appointment of appellate counsel pursuant to Ark. Sup. Ct. R. 6-6.

On September 16, 2013, those motions, accompanied by Conte’s motion and affidavit in

support to proceed in forma pauperis were filed and are now properly before us.

We find that Conte is indigent, and we appoint Patrick Benca as counsel for Conte.

Accordingly, we grant Lassiter’s motion to withdraw as attorney of record.