KIRBY v. STATE

No. CR 98-1442.

983 S.W.2d 431 (1999)

336 Ark. 82

James KIRBY, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

January 14, 1999.


Attorney(s) appearing for the Case

Lea Ellen Fowler, for appellant.

No response


PER CURIAM.

Appellant James Kirby was convicted of aggravated robbery and theft of property on May 13, 1997. No timely appeal was filed by Kirby or his counsel, James O. Clawson. Kirby retained new counsel, Lea Ellen Fowler, after the time to file an appeal and post-conviction relief had expired. On May 12, 1998, Fowler filed a motion for belated appeal. We remand this matter to the trial court to conduct a hearing to determine if Mr. Kirby had requested his trial...

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