Gay v. State.2

Cite as 2015 Ark. 469
SUPREME COURT OF ARKANSAS
No. CR-15-948
RANDY WILLIAM GAY Opinion Delivered December 10, 2015
APPELLANT
MOTION TO WITHDRAW AS
V. ATTORNEY ON DIRECT APPEAL
STATE OF ARKANSAS
APPELLEE MOTION GRANTED.
PER CURIAM
A jury in the Garland County Circuit Court found appellant Randy William Gay guilty
of capital murder for which he received a sentence of death. Gay is represented by Mark S.
Fraiser, who asks to be relieved on the ground that he is not eligible to be compensated 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.
Craigg v. State, 2012 Ark. 95 (per curiam).
Therefore, we grant Fraiser’s motion to be relieved. We appoint attorney Dale Adams
to represent Gay on appeal. Our clerk is directed to set a briefing schedule for the appeal.
Motion granted.