ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

NOVEMBER 13, 2003

STATE OF ARKANSAS

Appellant

v.

DEBBIE HAGAN-SHERWIN

Appellee

CR 03-249

PRO SE MOTION FOR APPOINTMENT OF COUNSEL AND MOTION FOR EXTENSION OF TIME TO FILE BRIEF [CIRCUIT COURT OF PULASKI COUNTY, NO. CR 2002-197, HON. WILLARD PROCTOR, JR., JUDGE]

MOTIONS GRANTED

Per Curiam

Debbie Sherwin-Hagan was charged with six counts of violating the fiduciary duties of licensees pursuant to Ark. Code Ann. §23-64-223 (Repl. 2001), based on allegations of diversion of insurance premiums. After a jury trial at which Sherwin-Hagan was represented by retained counsel, she was found not guilty of two counts and a mistrial was declared with respect to the other four counts.

The State lodged an appeal from the judgment, and appellee Sherwin-Hagan filed a motion asking this court to appoint counsel to represent her on the ground that her retained attorney was relieved by the trial court and she was without funds to hire new counsel. She also asked that the time to file her brief be extended until we had ruled on the motion for counsel.

Appellee appended to the motion for appointment of counsel an affidavit of indigency. In the affidavit, appellee stated that she was the owner of certain real and personal property and part-owner of a business. She further stated that there were liens against both the real and personal property and that the business engendered no profits in 2003.

While an indigent appellee in a State's appeal is entitled to appointment of counsel, indigency must be established before this court will appoint an attorney. As the affidavit of indigency attached to the motion filed by the appellee was not dispositive of the issue of her indigency, the matter was remanded to the circuit court for an evidentiary hearing. The lower court was directed to enter Findings of Fact following the evidentiary hearing and submit the Findings with a transcript of the hearing withits Conclusion of Law on the issue of whether appellee is indigent. State v. Sherwin-Hagen, CR 03-249 (Ark. September 18, 2003) (per curiam). The Findings of Fact and Conclusions of Law are now before us.

The trial court took testimony from appellee on her financial status and concluded that she was indeed indigent. Specifically, the trial court found that appellee has debts of $691,000 and assets of $4,000. The court further found that she had filed for bankruptcy and intends to surrender her house. We accept the trial court's Findings of Fact and Conclusions of Law and grant the motion for appointment of counsel. Attorney Greg Knutson is appointed to represent Ms. Sherwin-Hagan on appeal. Our clerk is directed to set a new briefing schedule for the appeal.

Motions granted.