ARKANSAS SUPREME COURT
No. CR 06-1095
NOT DESIGNATED FOR PUBLICATION
WILLIAM PUGH, JR.
STATE OF ARKANSAS
Opinion Delivered November 9, 2006
PRO SE MOTION FOR BELATED
APPEAL OF JUDGMENT [CIRCUIT
COURT OF MISSISSIPPI COUNTY,
OSCEOLA DISTRICT, CR 2004-54,
HON. VICTOR HILL, JUDGE]
MOTION GRANTED; PETITIONER
DECLARED INDIGENT AND
On March 10, 2006, judgment was entered reflecting that petitioner William Pugh, Jr., had
been found guilty by a jury of fleeing and misdemeanor possession of a controlled substance. He
was sentenced as a habitual offender to an aggregate term of 144 months’ imprisonment. Petitioner
was represented at trial by his retained attorney Bill Stanley. No appeal was taken from the
judgment, and petitioner now seeks leave from this court to proceed with a belated appeal.
Appended to the motion is petitioner’s request to be declared a pauper with his affidavit of indigency
attached. He asks that the record for the appeal to be brought up at public expense. The State has
not filed a response taking issue with the assertion that petitioner is now indigent.
Mr. Stanley has filed an affidavit in response to the motion in which he avers that he advised
petitioner and his family against taking an appeal because there would be no meritorious ground for
reversal of the judgment. He further states that he also advised them that additional attorney’s fees
and costs would be incurred for the appeal, which would in all likelihood be wasted money.
Petitioner claims that he asked Mr. Stanley to appeal on the date the judgment was entered, and Mr.
Stanley does not contradict that assertion, stating that immediately after sentencing he discussed
whether to appeal with petitioner and his family.
Petitioner has included with his motion a copy of a letter from Mr. Stanley to him dated May
31, 2006. Mr. Stanley states in his affidavit that he stands by the contents of the letter. In the letter,
Mr. Stanley informs petitioner, “I told y