Roberto Benavidez v. State of Arkansas

ARKANSAS SUPREME COURT

No. CR 04-98

NOT DESIGNATED FOR PUBLICATION

October 14, 2004

ROBERTO BENAVIDEZ

APPELLANT

v.

STATE OF ARKANSAS

APPELLEE

Opinion Delivered

PRO SE MOTION FOR EXTENSION OF TIME TO FILE BRIEF [CIRCUIT COURT OF PULASKI COUNTY, CR 2000-34, HON. WILLARD PROCTOR, JUDGE]

MOTION GRANTED

PER CURIAM

In 2002, Roberto Benavidez was found guilty by a jury of capital murder and sentenced to life imprisonment without parole. We affirmed. Benavidez v. State, 352 Ark. 374, 101 S.W.3d 242 (2003).

Benavidez subsequently filed in the trial court a timely petition pursuant to Criminal Procedure Rule 37.1 seeking to vacate the judgment. The petition was denied, and the record on appeal from the order has been lodged here. Appellant Benavidez, who is in the custody of the Arkansas Department of Correction and proceeding pro se, now seeks an extension of time to file the appellant's brief.

The motion for extension of time to file the appellant's brief, which is the second such motion filed in this appeal, is granted. The time to file the appellant's brief is extended to thirty days from the date of this opinion.

Motion granted.