Dokes v. State

Supreme Court of Arkansas

Dokes v. State

914 S.W.2d 762, 323 Ark. 566, 1996 Ark. LEXIS 130

CourtSupreme Court of Arkansas

DecidedFebruary 26, 1996

DocketCR 96-208

StatusPublished

This text of 914 S.W.2d 762 (Dokes v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dokes v. State, 914 S.W.2d 762, 323 Ark. 566, 1996 Ark. LEXIS 130 (Ark. 1996).

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Opinion

Per Curiam.

Leonard Dokes was convicted of driving while intoxicated. He attempted to lodge the record of trial with this Court, but the Clerk refused the record because the notice of appeal was not filed within the prescribed time. Mr. Dokes, through his counsel C. Mac Norton, has moved for a rule on the clerk. In these circumstances we treat the motion as one for a belated appeal. Phillips v. State, 320 Ark. 392, 896 S.W.2d 890 (1995).

We grant the belated appeal because the failure of counsel to perfect an appeal in a criminal case where the defendant desires an appeal constitutes a denial of effective assistance of counsel and good cause for a belated appeal. Gay v. State, 288 Ark. 589, 707 S.W.2d 320 (1986).

A copy of this opinion will be forwarded to the Committee on Professional Conduct.

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Per Curiam.

Leonard Dokes was convicted of driving while intoxicated. He attempted to lodge the record of trial with this Court, but the Clerk refused the record because the notice of appeal was not filed within the prescribed time. Mr. Dokes, through his counsel C. Mac Norton, has moved for a rule on the clerk. In these circumstances we treat the motion as one for a belated appeal. Phillips v. State, 320 Ark. 392, 896 S.W.2d 890 (1995).

We grant the belated appeal because the failure of counsel to perfect an appeal in a criminal case where the defendant desires an appeal constitutes a denial of effective assistance of counsel and good cause for a belated appeal. Gay v. State, 288 Ark. 589, 707 S.W.2d 320 (1986).

A copy of this opinion will be forwarded to the Committee on Professional Conduct.

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Bluebook (online)

914 S.W.2d 762, 323 Ark. 566, 1996 Ark. LEXIS 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dokes-v-state-ark-1996.

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