Tony Watson v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

MAY 8, 2003

TONY WATSON

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 02-909

PRO SE MOTION FOR RECONSIDERATION OF STATE'S MOTION TO DISMISS APPEAL [CIRCUIT COURT OF PULASKI COUNTY, NO. CR 99-450, HON. JOHN LANGSTON, JUDGE

MOTION DISMISSED

Tony Watson was found guilty by a jury of aggravated robbery and sentenced as a habitual offender to sixty-eight years' imprisonment. The court of appeals affirmed. Watson v. State, CACR 99-1504 (Ark. App. September 20, 2000).

In 2002, Watson filed in the trial court a petition for writ of error coram nobis, alleging that the writ should be issued to vacate the judgment of conviction in his case. The trial court dismissed the petition, and Watson appealed. On December 19, 2002, we granted the State's motion to dismiss the appeal. Watson now asks that we reconsider.

The motion to reconsider is dismissed. The trial court was correct to dismiss the coram nobis petition because Watson had failed to conform to the prevailing rules of legal procedure in that he did not seek leave from this court before filing the petition in that court. The petition for leave to proceed in the trial court is necessary because the trial court can entertain a petitionfor writ of error coram nobis after a judgment has been affirmed on appeal only after we grant permission. Larimore v. State, 327 Ark. 271, 938 S.W.2d 818 (1997).

Motion dismissed.