Andra Gaines v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

FEBRUARY 28, 2003

ANDRA GAINES

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 02-101

PRO SE MOTIONS FOR EXTENSION OF TIME TO FILE BRIEF AND FOR DUPLICATION OF TENDERED BRIEF AT PUBLIC EXPENSE [CIRCUIT COURT OF CRITTENDEN COUNTY, NO. CR 96-717A, CR 96-718A, CR 96-719A, CR 96-720A, and CR 96-721A, HON. DAVID LASER, JUDGE]

MOTION FOR EXTENSION OF TIME GRANTED (FINAL EXTENSION); MOTION FOR DUPLICATION OF TENDERED BRIEF MOOT

Andra Gaines was found guilty of three counts of capital murder and one count of battery in the first degree. He was sentenced to three terms of life imprisonment without parole and a term of twenty years' imprisonment. We affirmed. Gaines v. State, 340 Ark. 99, 8 S.W.3d 547 (2000).

Gaines subsequently filed in the trial court a timely petition pursuant to Criminal Procedure Rule 37 seeking to vacate the judgment. The petition was denied, and the record on appeal from the order has been lodged here.

Appellant Gaines filed a brief which was later stricken on the appellee's motion because it did not conform to the rules of this court. Gaines v. State, 350 Ark.535, 88 S.W.3d 858 ( 2002). Appellant was allowed thirty days to file a substituted brief that conformed to the rules.

Appellant filed the instant motion for extension of time to file the substituted brief before the thirty days elapsed and he subsequently tendered two copies of the substituted brief with a motion for it to be duplicated at public expense.

The substituted brief tendered by appellant lacks an abstract, and the addendum, which does not contain the index required by Ark. Sup. Ct. R. 4-2(a)(8) is more than 1,000 pages in length. As the tendered brief does not conform to the rules of this court, it will not be filed. The motion for it to be duplicated at public expense is thus moot.

We will permit appellant one final opportunity to submit a brief that conforms to the rules of this court. Appellant must file a complying abstract, addendum, and brief within thirty days of the date of this opinion. No further extensions of time will be granted.

Motion for extension of time granted; motion for duplication of tendered brief at public expense moot.

Imber, J., not participating.