Memorandum

To:	Presiding Judge William Leroy McMurray , Jr.

Judge John H. Ruffin , Jr.
From:	Chief Judge Elect Edward H. Johnson
Subject:	A99A0462 . SAUL LOCKE v. THE STATE
Date:	December 23, 1998

On December 2, 1998, the Court entered an order dismissing the above appeal for the failure of appellant to file brief and enumeration of errors. When the Clerk's Office docketed the case, it was docketed as a pro se case because there was an order from the trial court in the record permitting the attorney filing the notice of appeal to withdraw. Buried in the record in the body of a pleading, there was a statement that William Carlisle was representing the defendant.

Mr. Carlisle did not file a notice of appearance with the trial court or with this Court, and therefore, the fact that Mr. Carlisle was representing the defendant was overlooked by the Clerk's Office when docketing the appeal. The docketing notice went to the appellant who was incarcerated and he failed to notify his counsel of the fact the case had been docketed.

Upon learning of the dismissal of the appeal, Mr. Carlisle called the Clerk's Office where upon Bill Martin suggested the attorney file a motion for reconsideration which was done.

I recommend that we grant the motion for reconsideration and reinstate the appeal.

Thank you.

/ld