ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

EN BANC

DAMIEN MARKEE YOUNG

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR 01-1293

DECEMBER 12, 2001

APPEAL FROM THE PULASKI

COUNTY CIRCUIT COURT,

FOURTH DIVISION, [NO. CR01-174]

HONORABLE JOHN W. LANGSTON,

CIRCUIT JUDGE

REMANDED

Appellant Damien Markee Young was convicted of simultaneous possession of drugs and firearms and possession of a controlled substance with intent to deliver. Mr. Young was found to be indigent at trial and was provided counsel at State expense. After being convicted, his court-appointed lawyer filed notice of appeal and ordered a transcript of the trial proceedings, which has been provided at State expense on account of appellant's indigency.

A motion to substitute has been filed by private counsel retained by Mr. Young for purposes of representing him on appeal, and Mr. Young's trial counsel subsequently filed a motion to be relieved. Since the transcript was obtained at State expense, we believe there are factual issues to be resolved before we can rule on the motions. We remand the case to the trial court with instructions that it conduct proceedings and render findings of factrelevant to the source of funds used to hire appellant's counsel, the date the funds were obtained and counsel was retained, and whether a demand was made on behalf of the State for reimbursement of the cost of the trial record. See Brewer v. State, 64 Ark. App. 372, 984 S.W.2d 65 (1998). These proceedings and findings shall be conducted and rendered within forty-five days, after which the trial court shall refer the motion and its findings to our court for final disposition. Id.