Fernando Navarro v. State of Arkansas
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Fernando NAVARRO v. STATE of Arkansas
CR 06549
___ S.W.3d ___
Supreme Court of Arkansas
Opinion delivered June 22, 2006
APPEAL & ERROR – FULLTIME PUBLIC DEFENDER – MOTION TO BE RELIEVED AS
COUNSEL DENIED WITHOUT PREJUDICE. – Where appellant’s attorney was a
fulltime
public defender, but failed to state in her motion whether or not she was provided
with a statefunded secretary, the supreme court denied her motion to be relieved as
counsel without prejudice.
Motion to be Relieved as Attorney for Appellant and Stay Briefing Schedule; denied
without prejudice.
Cristi Beaumont, for appellant.
No response.
PER CURIAM. Cristi Beaumont, a fulltime statesalaried public defender for the
Fourth Judicial District, was appointed by the trial court to represent Appellant Fernando
Navarro. Beaumont petitions this court to be relieved as counsel on appeal based on this
___________________________
PER CURIAM 10
NAVARRO v. STATE
Cite as 36_ Ark. ___ (2006)
Page 2
court’s holding in Rushing v. State, 340 Ark. 84, 8 S.W.3d 489 (2000), which states that full
time, statesalaried public defenders are ineligible for compensation for their work on appeal.
Since Rushing, the General Assembly passed Ark. Code Ann. § 1941604(b)(2)(B)(Supp.
2005), which states:
A person employed as [a] fulltime public defender who is not provided a
statefunded secretary may also seek compensation for appellate work from the
Supreme Court or the Court of Appeals.
Beaumont did not state in her motion whether she employs a statefunded secretary.
Therefore, Beaumont’s motion to be relieved as counsel is denied without prejudice.
___________________________
PER CURIAM 10
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