Gregory J. Martin v. State of Arkansas

2020 Ark. 369

Opinion

Cite as 2020 Ark. 369 SUPREME COURT OF ARKANSAS No. CR-19-732

Opinion Delivered: November 12, 2020 GREGORY J. MARTIN PETITIONER PRO SE MOTION FOR BELATED APPEAL V. [MILLER COUNTY CIRCUIT COURT, NO. 46CR-17-440] STATE OF ARKANSAS RESPONDENT PRO SE MOTION FOR BELATED APPEAL GRANTED; IN FORMA PAUPERIS STATUS GRANTED; WRIT OF CERTIORARI TO BE FILED WITHIN FOURTEEN DAYS.

COURTNEY RAE HUDSON, Associate Justice

On July 9, 2018, the Miller County Circuit Court entered a sentencing order

reflecting that petitioner Gregory J. Martin had been convicted of aggravated robbery for

which he was sentenced to 156 months’ imprisonment in the Arkansas Department of

Correction. On September 19, 2019, a partial record was tendered to this court, and on the

same date, Martin filed his motion for belated appeal requesting leave to proceed with a

belated appeal of his conviction. Martin’s motion for belated appeal was timely filed within

the eighteen-month time limitation. See Ark. R. App. P.–Crim. 2 (2019).

Arkansas Rule of Appellate Procedure–Criminal 16 (2019) provides in pertinent part

that trial counsel, whether retained or court appointed, shall continue to represent a

convicted defendant throughout any appeal unless permitted by the circuit court or the appellate court to withdraw in the interest of justice or for other sufficient cause. Ark. R.

App. P.–Crim. 16(a)(i). A defendant may nevertheless waive the right to appeal by failing to

inform counsel of his or her desire to appeal within the thirty-day period allowed for filing a

notice of appeal under Arkansas Rule of Appellate Procedure–Criminal 2(a). Beene v. State,

2018 Ark. 120.

After this matter was remanded for an evidentiary hearing, see Martin v. State, 2020

Ark. 204¸ the trial court submitted findings of fact and a supplemental record. The trial

court found that the testimony of both Martin and his counsel, Jasmine Crockett, was

credible. The trial court determined that although Crockett intended to withdraw as counsel

and made that intent clear to Martin, no order was entered withdrawing Crockett as counsel

of record pursuant to Rule 16. The trial court also determined that, in his communications

with Crockett, Martin had indicated his intent to appeal and that it was his belief an appeal

was being pursued on his behalf.

We grant the motion for belated appeal. Our clerk is directed to lodge the partial

record that has been tendered to this court. Although the motion before us was filed by

Martin pro se, Crockett remains attorney of record, and the appeal is to be docketed

reflecting as much. The State has not contested Martin’s request to proceed as a pauper,

and we accordingly grant in forma pauperis status to Martin. Because Crockett is attorney

of record, she is responsible for proceeding as counsel. Counsel Crockett is directed to file

an appropriate petition for writ of certiorari to complete the record lodged for the appeal

2 within fourteen days from the date of this order. When the supplemental record is received,

our clerk will set the briefing schedule for appeal.

Pro se motion for belated appeal granted; in forma pauperis status granted; writ of

certiorari to be filed within fourteen days.