IN THE CIRCUIT COURT OF CLAY COUNTY, ARKANSAS
WESTERN DISTRICT
CRIMINAL DIVISION

STATE OF ARKANSAS       PLAINTIFF

VS. NO. CR-93-47

JESSIE LLOYD MISSKELLEY, JR.       DEFENDANT

AMENDED NOTICE OF APPEAL

     Comes now the Defendant, Jessie Lloyd Misskelley Jr., by and through his court appointed attorneys, Stidham & Crow, and, for his Amended Notice of Appeal, states:

     1. The Defendant hereby realleges and reaffirms each and every statement and allegation contained in his Notice of Appeal, Designation of Record on Appeal and Petition to Proceed in Forma Pauperis filed herein on March 24, 1994.

     2. The Defendant hereby amends his Notice of Appeal by affirmatively stating that:

     a. the Clerk of this Court has notified the Defendant's attorneys that an Amended Judgment and Commitment Order was filed herein on the same day the Notice of Appeal, Designation of Record on Appeal and Petition to Proceed in Forma Pauperis was filed herein by the Defendant.  The Amended Judgment and Commitment Order was filed by the Clerk due to the fact that the original Judgment and Commitment Order filed herein on February 4, 1994 did not have a case number contained therein, and the Arkansas Department of Correction would not accept same.

     b. the Defendant's original Notice of Appeal, Designation of Record on Appeal and Petition to Proceed in Forma Pauperis did not mention the fact that an Amended Judgment and Commitment Order was filed herein on March 24, 1994 the same day as the Defendant filed his original Notice of Appeal, Designation of Record on Appeal and Petition to Proceed in Forma Pauperis because the Defendant was not aware of same; and

     c. despite the fact that the original Notice of Appeal, Designation of Record on Appeal and Petition to Proceed in Forma Pauperis was filed thirty-three minutes after the Amended Judgment and Commitment Order was filed herein on March 24, 1994 the Defendant desires to amend his Original Notice of Appeal, Designation of Record on Appeal and Petition to Proceed in Forma Pauperis to make mention of the Amended Judgment and Commitment Order and grant Notice of his intent to Appeal, to all interested parties, his convictions as set forth in both Judgment and Commitment Orders filed herein on February 4, 1994 and March 24, 1994; and

     d. that the Defendant is filing this Amended Notice of Appeal so as to avoid any appearance of his waiving his right to appeal unintentionally.

     WHEREFORE, Defendant does hereby pray for an appeal to the Arkansas Supreme Court and that the Defendant have such other and further relief to which the Defendant may be entitled in the premises.

STIDHAM & CROW
ATTORNEYS AT LAW
P.O. Box 856
203 N. Second Street
PARAGOULD, AR 72451

By: Daniel T. Stidham [signed]
Daniel T. Stidham
ATTORNEY FOR THE DEFENDANT
Bar #88015

CERTIFICATE OF SERVICE

I, Daniel T. Stidham, Court appointed attorney for the indigent Defendant do hereby certify that I served a copy of the foregoing pleading on the Honorable Brent Davis, Prosecuting Attorney, Second Judicial Circuit, by mailing a copy to him at P.O. Box 491, Jonesboro, AR 72403; upon the Honorable John Fogleman, Deputy Prosecuting Attorney, Second Judicial Circuit, by mailing a copy to him at P.O. Box 1666, West Memphis, AR 72303; upon the Honorable Winston Bryant Attorney General for the State of Arkansas, by mailing a copy to him at 200 Tower Building, 323 Center Street, Little Rock, AR 72201; and upon the Honorable David Burnett, Circuit Judge for the Second Judicial Circuit, by mailing a copy to him at P.O. Box 704, Osceola, AR 72370 on this 12th day of April, 1994.

Daniel T. Stidham [signed]
DANIEL T. STIDHAM