Ralph Douthitt v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

MAY 9, 2002

RALPH DOUTHITT

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 01-1

PRO SE PETITION FOR REHEARING [CIRCUIT COURT OF INDEPENDENCE COUNTY, NO. CR 95-58, HON. JOHN DAN KEMP, JUDGE

PETITION DENIED

In 1995, Ralph Douthitt was found guilty of rape, incest, and violation of a minor, a total of sixty-one felony counts. He was sentenced to an aggregate term of 174 years' imprisonment. We affirmed. Douthitt v. State, 326 Ark. 794, 935 S.W.2d 241 (1996).

On August 15, 2000, Douthitt filed in the trial court a petition for writ of error coram nobis, alleging that the writ should be issued to vacate the judgment of conviction in his case. The trial court dismissed the petition on the ground that the petitioner had not been granted leave from this court to file it. Douthitt appealed to this court. We dismissed the appeal, concluding that the trial court was correct that appellant Douthitt failed to conform to the prevailing rules of legal procedure when he did not seek leave from this court before filing the petition for writ of error coram nobis there. In dismissing the appeal, we noted that the petition for leave to proceed in the trial court is necessary because the trial court can entertain a petition for writ oferror coram nobis after a judgment has been affirmed on appeal only after we reinvest jurisdiction in the trial court to do so. Larimore v. State, 327 Ark. 271, 938 S.W.2d 818 (1997).

Petitioner now asks that we rehear the matter. As it is clear that no error of law or fact was contained in the opinion dismissing the appeal, the petition denied.

Petition denied.