Arthur Dean Davis v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

June 21, 2001

ARTHUR DEAN DAVIS

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 01-611

MOTION TO PROCEED WITH BELATED PETITION FOR WRIT OF CERTIORARI [CIRCUIT COURT OF GRANT COUNTY, NO. CR 94-8-2, HON. PHILLIP SHIRRON, JUDGE]

MOTION DENIED

In 1994, Arthur Dean Davis was found guilty by a jury of aggravated robbery and sentenced to life imprisonment. We affirmed. Davis v. State, 318 Ark. 689, 890 S.W.2d 602 (1995). In 2001, Davis filed in the trial court a pro se petition for writ of error coram nobis. The court denied the petition, and Davis appealed to this court rather than filing a petition for writ of certiorari here as is the correct means to seek review of the denial of a coram nobis relief. Larimore v. State, 327 Ark. 271, 938 S.W.2d 818 (1997), citing Penn v. State, 282 Ark. 571, 670 S.W.2d 426 (1984). Now before us is petitioner Davis's motion for leave to proceed with a belated petition for writ of certiorari.

The motion is denied. It is necessary that a petitioner receive permission from this court before filing a petition for writ of error coram nobis in the trial court if the judgment of conviction has been affirmed on appeal because jurisdiction must be reinvested by this court inthe circuit court to consider a coram nobis action. Larimore v. State, supra. Petitioner here did not obtain leave from this court to file his petition; as a result, the trial court did not have jurisdiction to consider the petition.

Motion denied.