Michael L. Coffield v. State of Arkansas

ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

May 6, 2004

MICHAEL L. COFFIELD

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 04-396

PRO SE PETITION FOR WRIT OF CERTIORARI AND MOTION TO SUPPLEMENT RECORD [CIRCUIT COURT OF PULASKI COUNTY, NO. CR 2002-4079, CR 2003-4169]

PETITION DISMISSED; MOTION MOOT

Per Curiam

On December 8, 2003, judgments were entered reflecting that Michael L. Coffield had entered pleas of guilty to two counts of theft of property. Coffield was also found to be a habitual offender. An aggregate sentence of 192 months' imprisonment was imposed.

On April 13, 2004, Coffield filed in this court the instant petition for writ of certiorari in which he seeks a writ from this court compelling the trial court to permit him to withdraw the pleas of guilty. We dismiss the petition.

When a convicted defendant desires to challenge a judgment of conviction entered pursuant to a plea of guilty, his or her remedy is a petition for postconviction relief under to Criminal Procedure Rule 37.1 filed directly in the trial court within ninety days of the date the judgment was entered. Ark. R. Crim. P. 37.2(c). A petition for writ of certiorari to this court is not a substitute for filing a timely petition for postconviction relief in the trial court.

Petitioner has also filed a motion to supplement the record pertaining to the petition for writ of certiorari. As the petition has been dismissed, the motion is moot.

Petition dismissed; motion moot.