Brian L. Faulkens v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

May 22, 2003

BRIAN L. FAULKENS

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 01-907

PRO SE MOTION FOR PHOTOCOPY OF RECORD AT PUBLIC EXPENSE [CIRCUIT COURT OF CRITTENDEN COUNTY, NO. CR 97-85, CR 97-86, CR 97-88]

MOTION DENIED

In 1999, Brian Leonard Faulkens was found guilty of two counts of aggravated robbery and one count of robbery for which an aggregate sentence of 720 months' imprisonment was imposed. The court of appeals affirmed. Faulkens v. State, CACR 00-698 (Ark. App. February 14, 2000). Faulkens subsequently filed in the trial court a timely petition for postconviction relief pursuant to Criminal Procedure Rule 37.1. The petition was denied by order entered May 8, 2001. We granted petitioner's Faulkens' motion to proceed with a belated appeal of the order. Faulkens v. State, CR 01-907 (Ark. October 25, 2001). We subsequently affirmed the order. Faulkens v. State, Cr 01-907 (Ark. March 21, 2002).

Petitioner now seeks by pro se motion a photocopy at public expense of the record in the postconviction appeal. As the basis for the request, petitioner asserts that there are meritorious grounds for postconviction relief to be raised in his case. Petitioner does not specify what timely

postconviction remedy is available to him.

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 that is currently available to the petitioner. See Moore v. State, 324 Ark. 453, 921 S.W.2d 606 (1996); see also Brooks v. State, 303 Ark. 188 S.W.2d 792 (1990); 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). Petitioner has not met his burden of demonstrating that he is entitled to a copy of the record filed in his postconviction appeal.

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.

Corbin, J., not participating.