Larry Handy v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

December 9, 2004

LARRY HANDY

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 04-725

PRO SE MOTION AND AMENDED MOTION FOR RECONSIDERATION AND MOTION FOR COPY OF RECORD TO PREPARE BRIEF [CIRCUIT COURT OF PULASKI COUNTY, NO. CR 99-3939, HON. JOHN LANGSTON, JUDGE]

MOTION AND AMENDED MOTION FOR RECONSIDERATION DENIED; MOTION FOR COPY OF RECORD TO PREPARE BRIEF MOOT

Per Curiam

We dismissed an appeal from a postconviction order in which the circuit court declined to grant relief pursuant to Criminal Procedure Rule 37.1 to Larry Handy. Handy v. State, CR 04-725 (October 7, 2004) (per curiam). Appellant now asks that we reconsider.

We concluded in the decision dismissing the appeal that appellant had failed to demonstrate that he was not procedurally barred from proceeding under Rule 37.1. We find nothing in the motion for reconsideration that establishes that appellant was in fact entitled to postconviction relief in the trial court. Accordingly, there was no basis on which petitioner could have prevailed on appeal and no grounds for reconsideration of the motion.

Appellant also filed a motion for a copy of the record lodged on appeal to prepare the appellant's brief. As the appeal has been dismissed, the motion is moot.

Motion and amended motion for reconsideration denied; motion for copy of record to prepare brief moot.