ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

MARCH 21, 2002

BRIAN GOODEN

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 00-845

PRO SE MOTION TO COMPEL COUNSEL TO FILE BRIEF AND FOR SANCTIONS [CIRCUIT COURT OF JEFFERSON COUNTY, NO. CR 91-491, CR 91-621]

MOTION STAYED; SHOW CAUSE ORDER ISSUED

On October 24, 1995, judgment was entered reflecting that Brian Gooden's term of probation had been revoked and he had been sentenced on four felony offenses to six years' imprisonment. Gooden's retained attorney, Gene McKissic, filed a timely notice of appeal from the judgment on October 26, 1995, and an order was entered releasing Gooden on appeal bond. An order was subsequently entered on January 9, 1996, extending the time to lodge the appeal record to May 24, 1996. The appeal was not perfected, and Gooden sought leave from this court by pro se motion to proceed with a belated appeal of the judgment.1 After an evidentiary hearing in the trial court, we granted the pro se motion. Gooden v. State, 344 Ark. 291, 40 S.W.3d 271 (2001). Mr. McKissic subsequently filed a motion to be relieved. The matter was again remanded

for a hearing. Gooden v. State, 344 Ark. 742, 42 S.W.3d 528 (2001). Upon return of remand, counsel's motion to be relieved was denied, and we declared Gooden to be indigent and appointed McKissic to represent him. Gooden v. State, 346 Ark. 24, 53 S.W.3d 532 (2001). Appellant Gooden then filed a motion asking this court to find counsel in contempt for failing to file the appellant's brief in a timely manner. We noted at that time that the appellant's brief had been due on October 23, 2001, but not filed by that date. We subsequently granted on December 20, 2001, a motion to stay the appeal and a petition for writ of certiorari filed by McKissic, stating that a new briefing schedule would be set up when the writ was returned in thirty days and that no further extensions would be granted in the appeal. When the writ was returned, the parties were informed of the briefing schedule, which provided that the appellant's brief was due February 27, 2002. The appellant's brief was not filed by that date. On March 12, 2002, appellant Gooden filed the instant pro se motion, urging this court to take action to enforce his right to an appeal by declaring McKissic to be ineffective and implementing sanctions to compel counsel to proceed without further delay.

As Mr. McKissic has failed without explanation to file a timely brief, he is directed to appear before this court on Thursday, April 4, 2002, at 9 a.m., and show cause why he should not be held in contempt for his failure to act. Appellant's motion is stayed until that proceeding is concluded.

Motion stayed; show cause order issued.

1 As the notice of appeal was timely filed, we treated the motion as a motion for rule on clerk rather than a motion for belated appeal. See Johnson v. State, 342 Ark. 709, 30 S.W.3d 715 (2000); see also Muhammed v. State, 330 Ark. 759, 957 S.W.2d 692 (1997).