Edward Charles Wright v. State of Arkansas

Annotate this Case
ar02-419

ARKANSAS SUPREME COURT

No. CACR 02-419

NOT DESIGNATED FOR PUBLICATION

EDWARD CHARLES WRIGHT

Petitioner

v.

STATE OF ARKANSAS

Respondent

Opinion Delivered June 2, 2005

PRO SE MOTION FOR TRANSCRIPT AT PUBLIC EXPENSE [CIRCUIT COURT OF PULASKI COUNTY, CR 2001-445]

MOTION DENIED

PER CURIAM

Edward Charles Wright was found guilty by a jury of breaking or entering, two counts of terroristic threatening, and theft of property. He was also found to be a habitual offender. An aggregate sentence of forty-five years' imprisonment was imposed. The court of appeals affirmed. Wright v. State, CACR 02-419 (Ark. App. February 19, 2003). Petitioner Wright, who contends that he is indigent, now requests at public expense a copy of the trial transcript.1

As grounds for this request, petitioner indicates he represented himself pro se at trial, and that the trial was eight hours. He also references slander and a change to the verdict, but does not explain how any of these matters affects the judgment of conviction entered in his case. He does not contend that there is a particular postconviction remedy available to him at this time.

The motion for transcript is denied. A petitioner is not entitled to photocopying at public expense unless he or she demonstrates some compelling need for specific documentary evidence to support an allegation contained in a petition for postconviction relief. Williams v. State, ___Ark. ___, ___ S.W.3d ___ (Nov. 4, 2004), citing Moore v. State, 324 Ark. 453, 921 S.W.2d 606 (1996); see Austin v. State, 287 Ark. 256, 697 S.W.2d 914 (1985) (per curiam). As petitioner has not alleged that there is any specific documentary evidence in the transcript to support a postconviction claim or that there is a postconviction remedy available to him at this time, he has failed to show that the transcript lodged on appeal should be provided to him at no cost.

It should be noted that when an appeal has been lodged in this court, the appeal transcript remains permanently on file with the clerk. Persons may review a transcript in the clerk's office and photocopy all or portions of it. An incarcerated person desiring a photocopy of a transcript may write this court, remit the photocopying fee, and request that the copy be mailed to the prison. All persons, including prisoners, must bear the cost of photocopying. Williams v. State, supra; Moore v. State, supra.

Motion denied.

1 For clerical purposes, the motion has been filed under the docket number assigned to the direct appeal of the judgment which was lodged in the court of appeals. This court decides motions for transcript because such motions are considered to be requests for postconviction relief. See Williams v. State, 273 Ark. 315, 619 S.W.2d 628 (1981).

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