Clyde Johnson v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

NOVEMBER 30, 2000

CLYDE JOHNSON

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 00-894

PRO SE MOTION FOR CLARIFICATION [CIRCUIT COURT OF CRITTENDEN COUNTY, NO. CR 90-181, HON. DAVID BURNETT, JUDGE]

MOTION TREATED AS MOTION TO DISMISS APPEAL AND GRANTED

On January 31, 1991, judgment was entered in the Circuit Court of Crittenden reflecting that Clyde Johnson had been found guilty by a jury of aggravated robbery and sentenced as a habitual offender to fifty years' imprisonment. Johnson's appointed attorney, Davis Loftin, filed a timely notice of appeal from the judgment on February 28, 1991. The appeal was not perfected, and on November 16, 2000, we granted Johnson leave to proceed with the appeal of the judgment. Johnson v. State, 342 Ark. ___(November 16, 2000).

At the time the motion to proceed with the appeal of the judgment was pending, Johnson also had a pro se appeal pending in this court pertaining to the denial by the trial court of a petition for postconviction relief pursuant to Criminal Procedure Rule 37 filed by Johnson in 1997 in the same case. Now before us is Johnson's pro se motion for clarification in which he states that he desires to proceed with the appeal of the judgment only. As Johnson will beentitled to proceed under Rule 37 in the trial court if the judgment is affirmed, we treat the

motion as a motion to dismiss the postconviction appeal and grant it.

Motion treated as motion to dismiss appeal and granted.