SUPREME COURT OF ARKANSAS
No. CR07-495
BRIAN VINSON,
APPELLANT,
VS.
STATE OF ARKANSAS, APPELLEE,
Opinion Delivered June 14, 2007
MOTION FOR RULE ON CLERK.
GRANTED.
PER CURIAM
Appellant Brian Vinson, by and through his attorney, F. Parker Jones III, has filed a
motion for rule on clerk. On April 26, 2006, Vinson was sentenced to thirty-eight years in the
Arkansas Department of Correction for aggravated assault, aggravated robbery, and theft of
property. Vinson’s trial attorney, Thomas Burns, timely filed a notice of appeal on May 24,
2006. The due date for lodging the record expired on August 21, 2006, and no motion for
extension of time was filed. On August 23, 2006, the circuit court entered an order, which
declared Vinson indigent and appointed Parker Jones as the attorney on appeal. The docket
sheet reveals that a partial record was tendered on May 16, 2007.
Pursuant to Rule 16 of the Arkansas Rules of Appellate Procedure–Criminal, “[a]fter
the notice of appeal of a judgment of conviction has been filed, the appellate court shall have
exclusive jurisdiction to relieve counsel and appoint new counsel.” Ark. R. App. P.–Crim. 16
-2-
(2007). Additionally, once the notice of appeal is filed with the circuit clerk, only the appellate
court can relieve counsel of the obligation to proceed with the appeal. Franklin v. State, 317
Ark. 42, 875 S.W.2d 836 (1994).
With regard to Vinson’s motion for rule on clerk, this court clarified its treatment of
motions for rule on clerk in McDonald v. State, 356 Ark. 106, 146 S.W.3d 883 (2004). There
we said that there are only two possible reasons for an appeal not being timely perfected: either
the party or attorney filing the appeal is at fault, or, there is “good reason.” 356 Ark. at 116,
146 S.W.3d at 891. We explained:
. . . Where an appeal is not timely perfected, either the party or attorney filing
the appeal is at fault, or there is good reason that the appeal was