Sam Baker v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

APRIL 17, 2003

SAM BAKER

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 02-984

PRO SE MOTIONS FOR RULE ON CLERK, FOR DUPLICATION OF MOTIONS AND OTHER PLEADINGS AT PUBLIC EXPENSE, AND FOR EXTENSION OF TIME TO FILE BRIEF [CIRCUIT COURT OF POPE COUNTY, NO. CR 96-500, CR 98-159, HON. JOHN S. PATTERSON JUDGE]

MOTIONS FOR RULE ON CLERK AND FOR DUPLICATION OF MOTIONS AND OTHER PLEADINGS AT PUBLIC EXPENSE DENIED; MOTION FOR EXTENSION OF TIME TO FILE BRIEF GRANTED

In 1997, in case number CR 96-500, Sam Baker was found guilty by a jury of delivery of a controlled substance and sentenced to 300 months' imprisonment and fined $2,500. The court of appeals affirmed. Sam Baker v. State, CACR 98-231 (Ark. App. November 7, 1998).

In 1998, in case number CR 98-159, Baker entered a plea of guilty to forgery and was ordered to make restitution in the amount of $5,646 and pay court costs. Imposition of a sentence of 60 months' imprisonment was suspended.

In 1998, Baker filed in the trial court a pro se petition for postconviction relief pursuant to Criminal Procedure Rule 37.1 that pertained to CR 96-500 but which erroneously bore thecase number CR 98-159.1 The court denied the petition, and the record has been lodged here on appeal.

Appellant Baker asks in two pro se motions that this court waive the requirement that he submit seventeen copies of motions and other pleadings. We first note that our rule requires eight copies of motions. Ark. Sup. Ct. R. 2-1(b). If appellant is including the appellant's brief as a pleading that requires seventeen copies, seventeen copies of briefs are required, and there is no right under our rules or any constitutional provision to have a brief in a postconviction or a civil case duplicated at public expense. See Maxie v. Gaines, 317 Ark. 231, 876 S.W.2d 572 (1994). Nevertheless, in those cases where the indigent appellant makes a substantial showing in a motion to have the appellant's brief duplicated that the appeal has merit and that he cannot provide the court with a sufficient number of copies of the brief, we will request the Attorney General to duplicate the brief. In the motion at bar appellant has failed to offer any showing of substantial merit to the appeal. Accordingly, appellant is obligated to submit seventeen copies of the appellant's brief.

Appellant also requests an extension of time to file the appellant's brief and access to the trial transcript lodged in the court of appeals on appeal from the judgment in CR 96-500. As appellant must abstract that portion of the trial pertinent to the instant postconviction appeal,the motion is granted. We direct our clerk to provide appellant with a copy of the trial transcript so that he may prepare his brief. The appellant's brief is due here no later than forty days from the date of this opinion.

Motions for rule on clerk and for duplication of motions and other pleadings at public expense denied; motion for extension of time to file brief granted.

1 The Rule 37.1 petition was timely with respect to the judgment in CR 96-500 only. In CR 98-159 wherein appellant entered a plea of guilty, he was obligated to submit any petition for postconviction relief within ninety days of the date that the judgment of conviction was entered. The judgment in CR 98-159 was entered May 29, 1998, making any petition under rule due no later than August 27, 1998. Appellant filed the petition on December 16, 1998.