Philip Eugene Parmley v. State of Arkansas

ARKANSAS SUPREME COURT

No. CR 05-141

NOT DESIGNATED FOR PUBLICATION

PHILIP EUGENE PARMLEY

Appellant

v.

STATE OF ARKANSAS

Appellee

Opinion Delivered May 12, 2005

PRO SE MOTIONS FOR LEAVE TO FILE OVERLENGTH BRIEF, EXTENSION OF BRIEF TIME, AND FOR DUPLICATION AT PUBLIC EXPENSE[CIRCUIT COURT OF GARLAND COUNTY, NO CR 2001-529-1, HON. JOHN HOMER WRIGHT, JUDGE]

MOTION TO FILE OVERLENGTH BRIEF GRANTED; MOTIONS FOR DUPLICATION AND FOR EXTENSION OF TIME MOOT

PER CURIAM

Philip Eugene Parmley was found guilty at a jury trial of possession of a controlled substance and sentenced to thirty years' imprisonment in the Arkansas Department of Correction. The court of appeals affirmed the conviction. Parmley v. State, CACR 03-71 (Ark. App. Jan. 14, 2004). Parmley then filed a petition for postconviction relief under Ark. R. Crim. P. 37.1, which was denied. Parmley has appealed that denial. He has filed motions that seek permission to file an overlength brief, request an extension of time to file his brief, and request duplication of the briefs at public expense.

Arkansas Supreme Court Rule 4-3(e) limits the argument portion of appellant's brief to twenty-five pages. Appellant's brief contains twenty-six pages of argument. Rule 4-3(e) provides that the requirement may be waived upon motion if the limitation on the number of pages is shown to be too stringent in a particular case and there has been a good faith effort to comply with the page limits. We waive the requirement under the present circumstances.

Since appellant's overlength brief is accepted, and since he tendered the overlength brief in sufficient number and time, the motions for duplication at public expense and for an extension of time are moot. Our clerk is directed to file the brief as of the date of this opinion.

Motion to file overlength brief granted; motions for duplication at public expense and for extension of time moot.