KIRBY V. STATE 82 Cite as 336 Ark. 82 (1999) [336 James KIRBY v. STATE of Arkansas
CR 98-1442 983 S.W.2d 431 Supreme Court of Arkansas
Opinion delivered January 14, 1999 APPEAL & ERROR - MOTION TO FILE BELATED APPEAL - REMANDED. — Where neither appellant nor his trial counsel had filed a timely appeal, and where appellant retained new counsel, who filed a motion for belated appeal, the supreme court remanded the matter to the trial court to conduct a hearing and to make findings concerning whether appellant had requested his trial counsel to file an appeal. Motion to File Belated Appeal; remanded. Lea Ellen Fowler, for appellant. No response. ER CURIAIVI. [1] Appellant James Kirby was convicted p of aggravated robbery and theft of property on May 13, 1997. No timely appeal was filed by Kirby or his counsel, James 0. Clawson. Kirby retained new counsel, Lea Ellen Fowler, after the time to file an appeal and post-conviction relief had expired.
On May 12, 1998, Fowler filed a motion for belated appeal. We remand this matter to the trial court to conduct a hearing to determine if Mr. Kirby had requested his trial counsel, James 0. Clawson, to file an appeal, and direct the trial court to make its findings and remand them to this court within thirty days. See Sanders v. State, 329 Ark. 571, 950 S.W.2d 220 (1997).
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.