Cite as 2012 Ark. 300 SUPREME COURT OF ARKANSAS No. CR 12-588 Opinion Delivered August 14, 2012 APPEAL FROM THE CIRCUIT JACKIE BREEDEN, JR. COURT OF BENTON COUNTY, APPELLANT CR2010-1326-1, HON. ROBIN F. GREEN, JUDGE; MOTION TO V. WITHDRAW AS COUNSEL STATE OF ARKANSAS APPELLEE MOTION GRANTED. PER CURIAM Appellant Jackie Breeden, Jr., was found guilty of one count of rape and sentenced to a term of life imprisonment. An appeal from the judgment has been lodged in this court. Breeden is represented on appeal by Scott M. McElveen. McElveen now asks that he be relieved as counsel on the ground that he is ineligible for compensation for services as appellate counsel. Arkansas Code Annotated section 19-4-1604(b)(2)(B) (Repl. 2007) 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 affirms 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 services in this appeal, and his request to be relieved is well founded. See Craigg v. State, 2012 Ark. 95 (per curiam). Therefore, we grant McElveen’s motion to be relieved, and we appoint attorney William James, Jr., to represent Breeden. Our clerk is directed to set a new briefing schedule for the appeal. Motion granted.
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