Philip Parmley a/k/a Phillip Parmley v. State of Arkansas

ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

May 20, 2004

PHILIP PARMLEY

aka Phillip Parmley

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 04-462

PRO SE MOTION FOR RULE ON CLERK TO FILE BELATED PRO SE PETITION FOR REVIEW [CIRCUIT COURT OF GARLAND COUNTY, CR 2001-529-I, HON. JOHN WRIGHT, JUDGE]

MOTION DENIED

Per Curiam

Philip Parmley was found guilty by a jury of possession of a controlled substance and sentenced to 360 months' imprisonment. The court of appeals affirmed. Parmley v. State, CACR 03-71 (Ark. App. January 14, 2004).

Parmley tendered a pro se petition for review to this court after the eighteen days to file such a petition had elapsed. Ark. Sup. Ct. R. 2-4(a). Our clerk correctly declined to file the petition, and Parmley now asks that we direct our clerk to file the untimely petition.

Appellant was clearly aware that the court of appeals had affirmed the judgment because he filed a timely motion in that court for leave to file a belated petition for rehearing in the case. Appellant could have filed a similar motion in this court if there were some good cause for him to proceed pro se with such a petition. He did not do so, and we find no compelling reason to accept a belated pro se petition for review now.

Motion denied.