Jones v. State

2016 Ark. 299

Opinion

Cite as 2016 Ark. 299

SUPREME COURT OF ARKANSAS No. CR-16-588

LARRY LAVELL JONES Opinion Delivered September 8, 2016 APPELLANT MOTION TO WITHDRAW AS V. ATTORNEY ON DIRECT APPEAL

STATE OF ARKANSAS APPELLEE MOTION GRANTED.

PER CURIAM

Appellant Larry Lavell Jones entered a plea of guilty to the charges of rape and criminal

attempt to commit murder in the first degree as a habitual offender. He was sentenced to life

imprisonment and sixty years in the Arkansas Department of Correction. An appeal from the

judgment has been lodged in this court. Jones is represented on appeal by Mark S. Fraiser.

Fraiser now asks to be relieved as counsel on the ground that he is ineligible for compensation

for services as appellate counsel.

Arkansas Code Annotated § 19-4-1604(b)(2)(B) (Repl. 2007) provides that persons

employed as full-time public defenders who are not provided with a state-funded secretary

are eligible to seek compensation for appellate work. Counsel affirms that he is a full-time

public defender with a full-time, state-funded secretary. Under these circumstances, he is not

entitled to payment for services in this appeal, and his request to be relieved is well-founded.

See Craigg v. State, 2012 Ark. 95 (per curiam). We therefore grant Fraiser’s motion to be