Jones v. State

Cite as 2016 Ark. 299SUPREME COURT OF ARKANSAS
No. CR-16-588
LARRY LAVELL JONES Opinion Delivered September 8, 2016
APPELLANT
MOTION TO WITHDRAW AS
V. ATTORNEY ON DIRECT APPEAL
STATE OF ARKANSAS
APPELLEE MOTION GRANTED.
PER CURIAM
Appellant Larry Lavell Jones entered a plea of guilty to the charges of rape and criminal
attempt to commit murder in the first degree as a habitual offender. He was sentenced to life
imprisonment and sixty years in the Arkansas Department of Correction. An appeal from the
judgment has been lodged in this court. Jones is represented on appeal by Mark S. Fraiser.
Fraiser now asks to be relieved as counsel on the ground that he is ineligible for compensation
for services as appellate counsel.
Arkansas Code Annotated § 19-4-1604(b)(2)(B) (Repl. 2007) provides that persons
employed as full-time public defenders who are not provided with 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 payment for services in this appeal, and his request to be relieved is well-founded.
See Craigg v. State, 2012 Ark. 95 (per curiam). We therefore grant Fraiser’s motion to be