Fernando Rodriguez v. Honorable David S. Clinger, Circuit Judge
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ARKANSAS SUPREME COURT
No.
CR 08-780
Opinion Delivered
FERNANDO RODRIGUEZ
Petitioner
October 22, 2008
PRO SE PETITION FOR WRIT OF
MANDAMUS [CIRCUIT COURT OF
BENTON COUNTY, CR 2005-939]
v.
HON. DAVID S. CLINGER, CIRCUIT
JUDGE
Respondent
PETITION MOOT.
PER CURIAM
Now before us is a pro se petition for writ of mandamus filed by petitioner Fernanco
Rodriguez. The petition asks this court to direct the circuit judge below to hold an evidentiary
hearing on an amended petition pursuant to Arkansas Rule of Criminal Procedure 37.1 and to
otherwise act on the petition. For the reasons stated herein, the petition is moot.
In Rodriguez v. State, 372 Ark. 335, ___ S.W.3d ___ (2008), we affirmed petitioner’s
conviction for first-degree murder and sentence of life imprisonment. On March 24, 2008, petitioner
timely filed in the trial court a pro se Rule 37.1 petition which included a request to amend the
petition and file an over-length amended petition. On June 4, 2008, the trial court entered an order
that denied the original Rule 37.1 petition and the motion to file an amended petition.
On July 2, 2008, petitioner filed the instant petition for writ of mandamus. As Judge Clinger
has entered an order disposing of the Rule 37.1 petition and amended petition, the petition for writ
of mandamus is moot.
Petition moot.
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