ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

FEBRUARY 1, 2001

ROMNEY LUTHER MILES

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 00-635

PRO SE MOTION FOR APPOINTMENT OF COUNSEL AND FOR APPEAL BOND TO BE SET [CIRCUIT COURT OF LONOKE COUNTY, NO. CR 97-248, HON. PHILLIP T. WHITEAKER, JUDGE]

MOTION DENIED

In 1999, Romey Luther Miles was found guilty by a jury of aggravated robbery and kidnapping and sentenced as a habitual offender to life imprisonment. A $10,000 fine was also imposed. Miles's appointed attorney, Edgar R. Thompson, filed a timely notice of appeal from the judgment but did not perfect the appeal. Miles subsequently sought and was granted leave to proceed with the appeal. We determined at the time Miles' motion was granted that Edgar Thompson was responsible for representing Miles on appeal. Miles v. State, CR 00-635 (October 18, 2000).

On December 7, 2000, we issued a writ of certiorari to the trial court in the case to be returned February 5, 2001. On January 4, 2001, Miles filed the instant pro se motion asking that other counsel be appointed to represent him on the ground that there is a conflict of interest between him and Thompson. Miles also requests that an appeal bond be set so that he may bereleased from prison.

The motion is denied. Appellant Miles does not explain the nature of the conflict between him and counsel, and at this point, there is nothing to indicate that Mr. Thompson is unable to represent him effectively.

With respect to appellant's request that an appeal bond be set, Rule 6(b)(3) of the Rules of Appellate Procedure-Criminal provides that persons found guilty of aggravated robbery or kidnapping and sentenced to a term of imprisonment shall not be eligible for release on appeal bond.

Motion denied.