Carl Prince v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

MARCH 21, 2002

CARL PRINCE

Appellant

v.

LARRY NORRIS, Director,

Arkansas Department of Correction

Appellee

01-894

APPEAL FROM THE CIRCUIT COURT OF JEFFERSON COUNTY, CIV 2001-208-1-3, HONORABLE FRED D. DAVIS III, JUDGE

PETITION FOR REHEARING DENIED

Appellant petitions for rehearing in this case. He contends that the court's opinion affirming the denial of his petition for writ of habeas corpus contained errors of law and fact. Prince v. State, CR 01-894 (Ark. Feb. 21, 2002)(unpublished).

First, he claims that the style of the case contained errors of fact, to wit, a misnaming of the parties. Appellant's claim fails to constitute a ground upon which rehearing will be granted. Ark. Sup. Ct. R. 2-3(g). We agree, however, that appellant has identified a clerical error in the style of the case, and we direct that the original opinion be corrected to reflect the proper appellee, Larry Norris, Director, Arkansas Department of Correction.

He also claims that the court erred in failing to resolve the issue of whether he knowingly, intelligently, and voluntarily waived his right to trial counsel. Rule 2-3(g) of the Rules of the Arkansas Supreme Court, however, provides that the brief on rehearing is not intended to afford an opportunity for a mere repetition of the argument already considered by the court. As appellantmerely repeats his original argument, we decline his petition for rehearing.

Petition denied.