PORTER V. STATE
ARK.] Cite as 355 Ark. 681 (2004) 681 Leonard PORTER v. STATE of Arkansas CR 04-43 144 S.W.3d 281 Supreme Court of Arkansas Opinion delivered January 29, 2004 ATTORNEY & CLIENT - PETITION TO WITHDRAW GRANTED - SUI3STI-TUTED COUNSEL APPOINTED. - Where, as a state-salaried, full-time public defender, who is provided a full-time state funded secretary, counsel was ineligible for compensation by the supreme court for work performed in the appeal of this matter, the supreme court granted counsel's motion to be relieved for good cause shown and substituted another attorney. Motion to Withdraw as Counsel and for Extension of Brief Time granted; counsel appointed. Ben A. Beland, for appellant. No response. D r ER CURIAM. Leonard Porter was found guilty ofaggravated robbery and sentenced to life imprisonment. The appeal
682 [355 from the judgment has been lodged in this court. Appellant Porter is represented on appeal by Ben A. Beland, a public defender. Mr. Beland now asks to be permitted to withdraw as counsel on the ground that he is ineligible for compensation for services as appellate counsel. Act 1370 of 2001, codified as Ark. Code Ann. ยง 19-4- 1604(b)(2)(B) (Supp. 2001), 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 avers that he is a full-time public defender with a full-time state-funded secretary. Under these circumstances, he is not entitled to be paid for his services in this appeal and his request to be relieved is well founded. [1] We grant Mr. Beland's motion to withdraw and appoint attorney David L. Dunagin to represent the appellant. Our clerk is directed to set a new briefing schedule for the appeal. Motion granted.
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