Cite as 2010 Ark. 322 SUPREME COURT OF ARKANSAS No. CR10-676 Opinion Delivered 8-6-2010 DAVID JUNIOR SWEET MOTION TO WITHDRAW AS APPELLANT ATTORNEY ON DIRECT APPEAL VS. STATE OF ARKANSAS MOTION GRANTED. APPELLEE PER CURIAM S. Ryan Norris, a full-time, state-salaried public defender, was appointed by the trial court to represent David Junior Sweet in the captioned case. As reflected in the judgment and commitment order entered on February 19, 2010, Sweet was convicted of aggravated robbery and kidnapping and sentenced to life imprisonment in the Arkansas Department of Correction on each of the offenses. A notice of appeal was filed on February 26, 2010, and the record has been filed with the clerk of this court. Mr. Norris now moves to be relieved as attorney for Sweet. In Rushing v. State, 340 Ark. 84, 8 S.W.3d 489 (2000), we held that full-time, state-salaried public defenders were ineligible for compensation for their work done on appeal. Since Rushing, the General Assembly passed Ark. Code Ann. § 1904-1604(b)(2)(B) (Supp.
Cite as 2010 Ark. 322 2007), which states: “A person employed as a full-time public defender who is not provided a state-funded secretary may also seek compensation for appellate work from the Supreme Court or the Court of Appeals.” Mr. Norris states in his motion that he is provided with a full-time, state-funded secretary. Accordingly, we grant his motion to be relieved. Ms. Kimberly Bibb will be substituted as counsel for Sweet in this matter. The clerk is directed to establish a new briefing schedule. Motion granted. -2-
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