CourtListener 10607429•Tony Ray Reeves v. State of Arkansas
Texte intégral
Cite as 2020 Ark. App. 347
Reason: I attest to the accuracy
and integrity of this document ARKANSAS COURT OF APPEALS
Date: 2021-07-07 12:57:36
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9.7.5 No. CR-20-299
Opinion Delivered: June 3, 2020
TONY RAY REEVES
APPELLANT
ARKANSAS COUNTY CIRCUIT
COURT, SOUTHERN DISTRICT
V. [NO. 01DCR-17-47]
PRO SE MOTIONS FOR BELATED
STATE OF ARKANSAS APPEAL AND FOR APPOINTMENT
APPELLEE OF COUNSEL
RESPONSE DIRECTED
PER CURIAM
Tony Ray Reeves filed a pro se motion for belated appeal in this court seeking leave
to proceed with an appeal of his conviction of delivery of methamphetamine, a Class C
felony, and sentence of 180 months’ imprisonment in the Arkansas Department of
Correction. Reeves requests that he be permitted to proceed in forma pauperis, and he filed
a pro se motion for appointment of counsel. In the motion for belated appeal, Reeves
contends that he requested his attorney, Kyle Stoner, to appeal the judgment but that Mr.
Stoner failed to file a notice of appeal or otherwise pursue the appeal. Despite a request from
the office of the criminal justice coordinator that he provide a response to the allegations in
the motion by May 19, 2020, Mr. Stoner has failed to provide any response. Because his
response is required to resolve the matter, this court directs counsel to file an affidavit
addressing the allegations in the motion for belated appeal within ten days of this decision.
The judgment indicates that Reeves was sentenced on July 25, 2019, following a
jury trial. The sentencing order was entered August 6, 2019, so Reeves’s May 5, 2020
motion is timely under our procedural rules. Ark. R. App. P.–Crim. 2(e) (2019) (providing
that in situations in which no judgment of conviction was entered within ten days of the
date sentence was pronounced, application for a belated appeal must be made within
eighteen months of the date sentence was pronounced).
Under Arkansas Rule of Appellate Procedure–Criminal 16, trial counsel, whether
retained or court appointed, shall continue to represent a convicted defendant throughout
any appeal unless permitted by the trial or appellate court to withdraw in the interest of
justice or for other sufficient cause. Ark. R. App. P.–Crim. 16(a)(i). A defendant may
nevertheless waive his right to appeal by his failure to inform counsel of his desire to appeal
within the thirty-day period allowed for filing a notice of appeal under Arkansas Rule of
Appellate Procedure–Criminal 2(a). Marek v. State, 2020 Ark. 1.
When a pro se motion for belated appeal is filed in which the appellant contends that
he made a timely request to appeal and the record does not contain an order relieving trial
counsel, it is the practice of our appellate courts to request an affidavit from the trial attorney
in response to the allegations in the motion. Id. This provides counsel an opportunity to
offer evidence that counsel was, in fact, relieved or to contest any of the factual allegations
in the motion, and a response also allows this court to better determine if remand for an
evidentiary hearing is appropriate. See id. The practice was followed here, and Mr. Stoner’s
response is required.
Response directed.
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