Troy Elliott v. State of Arkansas

ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION
 

JANUARY 15, 2004

TROY ELLIOTT

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 03-552

PRO SE MOTION FOR EXTENSION OF TIME TO FILE MOTION TO SUPPLEMENT PARTIAL RECORD AND TO TENDER RECORD NECESSARY FOR APPEAL [CIRCUIT COURT OF CRAWFORD COUNTY, NO. CR 2001-79, HON. GARY R. COTTRELL, JUDGE]

MOTION GRANTED (FINAL EXTENSION)

Per Curiam

On September 14, 2001, judgment was entered reflecting that Troy Elliott had been found guilty by a jury of three counts of theft of services and sentenced to a term of 168 months' imprisonment. A fine of $7,500 was also imposed, and Elliott was ordered to make restitution in the amount of $45,000. The judgment was amended on September 21, 2001.

An appeal was not perfected, and on February 7, 2003, Elliott filed a motion to proceed with a belated appeal of the amended judgment pursuant to Rule 2(e) of the Rules of Appellate Procedure--Criminal. The motion was denied. Elliott v. State, CR 03-142 (Ark. May 15, 2003).

On March 21, 2003, the trial court entered a second amended judgment, deleting the periods of suspended imposition of sentence that had accompanied each of three sentences imposed on petitioner in the first amended judgment. Petitioner filed a pro se notice of appeal from the second amended judgment and lodged a partial record in this court. He subsequently asked that a writ of certiorari be issued to bring up the remainder of the record.

Noting that the appeal now lodged here is from the second amended judgment entered March 21, 2003, and issues to be raised on appeal are limited to that judgment, we denied the petition for writ of certiorari because it applied to the original judgment. Elliott v. State, CR 03-552 (Ark. September 25, 2003) (per curiam). We said, however, that if petitioner desired review of the second amended judgment, it was his burden to tender within forty-five days a motion to supplement the partial record in the matter with that portion of the record necessary for the review of the issues that he desired to argue for reversal of the second amended judgment.

Petitioner now seeks an extension of time to file the motion and tender the part of the record necessary for review of the second amended judgment. We extend the time to thirty days from the date of this opinion, but no further extensions will be granted inasmuch as petitioner has already been allowed since September 25, 2003, to tender the motion and record.

Motion granted (final extension).