Mark R. Davis a/k/a Mark Randal Davis v. State of Arkansas

ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

March 11, 2004

MARK R. DAVIS

aka Mark Randal Davis

Appellant

v.

STATE OF ARKANSAS

Appellee

CACR 03-519

PRO SE MOTION FOR EXTENSION OF TIME TO FILE A PRO SE PETITION FOR REVIEW AND PRO SE MOTION TO FILE OVER-LENGTH PETITION FOR REVIEW [CIRCUIT COURT OF WASHINGTON COUNTY, CR 2002-1618-2, HON. KIM SMITH, JUDGE]

MOTION FOR EXTENSION OF TIME TO FILE PRO SE PETITION FOR REVIEW DENIED; MOTION TO FILE OVER-LENGTH PETITION FOR REVIEW MOOT

Per Curiam

Mark R. Davis was found guilty by a jury of failing to register as a sex offender and sentenced as a habitual offender to 132 months' imprisonment. The court of appeals affirmed. Davis v. State, CACR 03-519 (Ark. App. February 11, 2004).

Now before us is Davis's pro se motion seeking an extension of time to file a pro se petition for review in this court. He has also filed a motion for leave to file a more lengthy petition for review than our rules allow.1

Appellant Davis was represented by counsel in the appeal to the court of appeals. He has not demonstrated that there is some good cause to permit him to enjoy representation by counsel and to also file pro se pleadings. It is well settled that having accepted representation by counsel, an appellant is not entitled to pursue his own motions for relief and also rely on counsel to represent him. See Monts v. Lessenberry, 305 Ark. 202, 806 S.W.2d 379 (1991).

Motion for extension of time to file pro se petition for review denied; motion to file over-length petition for review moot.

1 For clerical purposes, the motions were filed under the docket number assigned to the direct appeal of the judgment of conviction in the court of appeals.