Jeffrey Hicks v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

SEPTEMBER 14, 2000

JEFFREY HICKS

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 99-871

PRO SE MOTION FOR PHOTOCOPY OF TRANSCRIPT AT PUBLIC EXPENSE [CIRCUIT COURT OF SALINE COUNTY, NO. CR 98-59-2]

MOTION DENIED

In 1999, Jeffrey Hicks was found guilty by a jury of aggravated robbery, residential burglary, and theft of property and sentenced as a habitual offender to an aggregate sentence of life imprisonment. We affirmed. Hicks v. State, 340 Ark. 605, 12 S.W.3d 219 (2000).

Hicks now seeks by pro se motion a photocopy at public expense of the transcript lodged on appeal. As grounds for the request, Hicks asserts that his attorney failed to raise several unspecified points for reversal on appeal and that the transcript is needed to prepare a petition for postconviction relief pursuant to Criminal Procedure Rule 37.

The motion is denied. A petitioner is not entitled to photocopying at public expense unless he or she demonstrates some compelling need for specific documentary evidence to support an allegation contained in a petition for postconviction relief. Moore v. State, 324 Ark. 453, 921 S.W.2d 606 (1996); Brooks v. State, 303 Ark. 188 S.W.2d 792 (1990); see Austin v. State, 287 Ark. 256, 697 S.W.2d 914 (1985). Indigency alone does not entitle a petitioner to photocopying at

public expense. Washington v. State, 270 Ark. 840, 606 S.W.2d 365 (1980). Hicks's conclusory allegation that there are grounds for a petition for postconviction relief does not constitute a showing of compelling need.

It should be noted that when an appeal has been lodged in this court, the appeal transcript remains permanently on file with the clerk. Persons may review a transcript in the clerk's office and photocopy all or portions of it. An incarcerated person desiring a photocopy of a transcript may write this court, remit the photocopying fee, and request that the copy be mailed to the prison. All persons, including prisoners, must bear the cost of photocopying. Moore v. State, supra.

Motion denied.