Keyono Cook v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

MARCH 13, 2003

KEYONO COOK

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 02-140

APPEAL FROM THE CIRCUIT COURT OF PULASKI COUNTY, NO. CR 1999-2018, HONORABLE JOHN W. LANGSTON, JUDGE

AFFIRMED

Appellant was convicted of capital murder, aggravated robbery, and theft of property. He was sentenced to life imprisonment without parole plus twenty-seven years. We affirmed on direct appeal. See Cook v. State, 345 Ark. 264, 45 S.W.3d 820 (2001). Subsequently, appellant filed a pro se petition for postconviction relief pursuant to Ark. R. Crim. P. 37, alleging ineffective assistance of counsel, that his convictions for capital murder and aggravated robbery violated the Double Jeopardy Clause, and that his confession was involuntary. The trial court denied his petition without a hearing.

On appeal, we ordered rebriefing because appellant failed to adequately abstract the record as required by Ark. Sup. Ct. R. 4-2(a)(5) and (7) (2002). See Cook v. State, CR 02-140 (Ark. June 27, 2002) (per curiam). In this opinion, we noted that appellant's claims referred to matters that occurred at trial but that appellant had failed to abstract his trial. Appellant was ordered to submit a substituted brief containing a proper abstract no later than July 12, 2002. On July 12, 2002, appellant filed a motion for an extension of time to file his substituted brief. However, because themotion was not filed until this court had gone into recess, we did not act on the motion until October 3, 2002, at which time, we granted the motion and extended the time for filing until November 12, 2002. Appellant filed a timely substituted brief.

We cannot reach the merits of appellant's claims because again, he has failed to include a proper abstract of his trial as required by Rule 4-2(a)(5). See Hubbard v. State, 334 Ark. 321, 324, 973 S.W.2d 804, 805 (1998). Therefore, pursuant to Rule 4-2(b)(3), the trial court's denial of relief is affirmed for noncompliance with the Rule.

Affirmed.

Corbin, J., not participating.