Keith A. King v. State of Arkansas
ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION
June 12, 2003
KEITH A. KING
STATE OF ARKANSAS
PRO SE MOTION TO FILE PETITION FOR REVIEW WITHOUT REMITTING FILING FEE [CIRCUIT COURT OF SEBASTIAN COUNTY, FORT SMITH DISTRICT, CR 2000-104, CR 2000-105, CR 2000-106, CR 2000-107, CR 2000-108, CR 2000-109]
Keith A. King was convicted of six counts of burglary. The court of appeals affirmed. King v. State, 75 Ark. App. 405, 58 S.W.3d 875 (2001). The mandate was issued on November 27, 2001. On November 28, 2001, King tendered a pro se petition for review which was returned to him because the mandate had been issued.
On December 13, 2001, King filed the a pro se motion to recall the mandate to enable him to file the petition for review in this court, which the court of appeals subsequently certified to this court for decision.1 We denied the motion. King v. State, CACR 01-145 (Ark. February 22, 2002) (per curiam).
On July 1, 2002, King tendered a motion to proceed with a pro se belated petition for review. He did not remit the filing fee required to file such a motion in this court. Hesubsequently filed a motion asking that the filing fee be waived. We denied the motion. King v. State, CR 02-781 (Ark. October 24, 2002) (per curiam).
On April 2, 2003, King tendered without a filing fee another motion to proceed with a pro se belated petition for review. He then filed the instant motion asking that the filing fee be waived. As grounds for the request, petitioner asserts that he is indigent and that he has proof that there was a delay in 2001 in the mail service at the unit of the Arkansas Department of Correction where he was incarcerated that resulted in the late tender on November 28, 2001, of his pro se petition for review.
The motion is denied. Petitioner demonstrates no good cause in the motion to permit a belated petition for review to be filed seventeen months after the court of appeals mandate was issued.
Corbin, J., not participating.
1 For clerical purposes, the motion to recall mandate was assigned the same docket number as the appeal lodged in the court of appeals, CACR 01-145.