Dawney Smith v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

MARCH 1, 2001

DAWNEY SMITH

Appellant

v.

STATE OF ARKANSAS

Appellee

00-358

PRO SE MOTION FOR RECONSIDERATION [CIRCUIT COURT OF JEFFERSON COUNTY, NO. CIV 99-498-2-3, HON. FRED DAVIS, JUDGE]

MOTION DENIED

In 1991, Dawney Smith was found guilty by a jury of delivery of a controlled substance and sentenced to 40 years' imprisonment. We affirmed. Smith v. State, 310 Ark. 30, 832 S.W.2d 497 (1992).

In 2000, Smith filed in the circuit court in the county in which he was incarcerated a pro se petition for writ of habeas corpus. The petition was denied, and Smith appealed to this court. After a review of the allegations raised in the habeas petition, we concluded that appellant Smith could not prevail, and dismissed the appeal. Smith v. State, 00-358 (October 5, 2000). Appellant now asks that we reconsidered that decision.

We need not reiterate the basis for dismissing the appeal which was set out in the original opinion. It will suffice to say that appellant has not shown that there was any error of law or fact to warrant reconsideration of the decision.

Motion denied.