PER CURIAM

Appellant's appointed counsel on appeal has filed a motion to withdraw as counsel. This Court may not grant the motion because the effect would be to leave the indigent appellant without counsel. Therefore, the motion is dismissed and counsel is instructed to refile his motion in the district court. That court may grant or deny the motion at its discretion. If counsel is permitted to withdraw, the court shall immediately appoint substitute counsel.

It is ordered May 24, 2002.

Before Justices Kidd, Patterson and Puryear

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