Monroe White v. State of Arkansas
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ARKANSAS SUPREME COURT
No. CR 07312
Opinion Delivered
MONROE WHITE
Appellant
December 6, 2007
PRO SE PETITION FOR REHEARING
[CIRCUIT COURT OF
INDEPENDENCE COUNTY, CR 2004
14, HON. JOHN DAN KEMP, JUDGE]
v.
STATE OF ARKANSAS
Appellee
PETITION DENIED.
PER CURIAM
A jury found appellant Monroe White guilty of aggravated robbery and sentenced him as a
habitual offender to a term of 960 months’ imprisonment. The Arkansas Court of Appeals affirmed
the judgment. White v. State, CACR 06314 (Ark. App. Oct. 25, 2006). Appellant timely filed in
the trial court a pro se petition for postconviction relief under Ark. R. Crim. P. 37.1, which was
dismissed for failure to comply with Rule 37.1(b). We affirmed that order. White v. State, CR 07
312 (Ark. Sept. 27, 2007) (per curiam). Appellant now brings this pro se request for rehearing of
that decision.
A petition for rehearing should be used to call attention to specific errors of law or fact which
the opinion is thought to contain and not to repeat arguments already considered and rejected by this
court. Ark. Sup. Ct. R. 23(g). The petition must cite to facts the appellant contends were
overlooked and provide references to the abstract or addendum as required by Ark. Sup. Ct. R. 2
3(h). Here, appellant points to no facts that were overlooked or errors of law in the opinion.
Appellant argues that the trial court made an error in that its decision recited an incorrect
number of pages contained in the petition. Yet, as our opinion indicated, the petition contained in
the record did in fact exceed the length permitted by the rule, although by a differing number of
pages, and the trial court was not in error to determine that it did. This fact was not overlooked.
Nor does appellant point to any mistake of law in our opinion. While he takes issue with our
conclusions and reargues the same issues already raised, he does not point to any error as to the
authority cited by our opinion. Appellant has provided no grounds for rehearing under Rule 23.
Petition denied.
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