Barnes v. State

Guy C. BARNES v. STATE of Arkansas

CR 96-114                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
                 Opinion delivered June 10, 1996


Appeal & error -- postconviction case -- no provision in rules for
     reconsideration. -- There is no provision in the rules of
     criminal procedure for a motion for reconsideration in a
     postconviction case.


     Pro Se Motion Motion for Reconsideration of Motion for Belated
Appeal of Postconviction Order (Sebastian Circuit Court, Fort Smith
District, No. CR 94-417, CR 94-418, CR 94-419, & CR 94-420); Don
Langston, Judge; motion denied.
     Appellant, pro se.
     No response.

     Per Curiam.June 10, 1996
*ADVREP*SC6*





GUY C. BARNES
     Petitioner


v.



STATE OF ARKANSAS
     Respondent

CR 96-114



PRO SE MOTION FOR
RECONSIDERATION OF MOTION FOR
BELATED APPEAL OF
POSTCONVICTION ORDER (CIRCUIT
COURT OF SEBASTIAN COUNTY, FORT
SMITH DISTRICT, NO. CR 94-417,
CR 94-418, CR 94-419 & CR 94-
420), HON. DON LANGSTON, JUDGE

MOTION DENIED




                           Per Curiam.


     On March 21, 1995, judgment was entered reflecting that Guy C.
Barnes had pleaded guilty in the Circuit Court of Sebastian County
to four counts of delivery of a controlled substance and had been
sentenced to an aggregate sentence of twenty-two years
imprisonment.  Mr. Barnes filed in Sebastian County a pro se
petition pursuant to Criminal Procedure Rule 37 seeking to vacate
the judgment.  An order was entered denying the petition from which
an appeal was not taken.  Petitioner Barnes sought permission from
this court to proceed with a belated appeal.  The motion was
denied.  Barnes v. State, CR 96-114 (March 26, 1996).  Petitioner
has filed the motion for reconsideration which is now before us.
     The motion is denied.  There is no provision in the rules of
procedure for a motion for reconsideration in a postconviction
case.  In Re Motions for Reconsideration in Postconviction Matters,
319 Ark. Appx. 826 (1994).
     Motion denied.
     Dudley, J., not participating.