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Warren v. State10/23/2003
e was not afforded effective assistance of counsel at trial are a matter for our post-conviction rule, Criminal Procedure Rule 37.1. The allegations of error at trial could have been addressed to the appellate court had the appeal been perfected but are not a basis for determining whether the appeal should be permitted to proceed. Here, petitioner failed to communicate with counsel and elected to file a pro se notice of appeal without advising counsel that he desired to appeal. Under these circumstances, it can be concluded that petitioner was responsible for perfecting the appeal but failed to do so. As he has failed to state a good cause for the failure to lodge the record in a timely manner, the motion to proceed with the appeal and motion for appointment of counsel are denied.
Motion to reverse appeal treated as motion to permit appeal and denied; motion for appointment of counsel denied.
Page 1 2 Arkansas DUI Attorneys
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