Melvin Leroy Lacy v. State of Arkansas

ARKANSAS SUPREME COURT

No. CR 05-69

NOT DESIGNATED FOR PUBLICATION

MELVIN LEROY LACY

Appellant

v.

STATE OF ARKANSAS

Appellee

Opinion Delivered November 3, 2005

PRO SE MOTIONS FOR EXTENSION OF TIME TO FILE SUBSTITUTED BRIEF AND FOR TRANSCRIPT OF RECORDS [CIRCUIT COURT OF UNION COUNTY, CR 2002-366, HON. HAMILTON SINGLETON, JUDGE]

MOTIONS GRANTED

PER CURIAM

Melvin Leroy Lacy was found guilty by a jury of multiple felony offenses and sentenced as a habitual offender to an aggregate term of 2,520 months' imprisonment. The court of appeals affirmed. Lacy v. State, CACR 03-1036 (Ark. App. June 30, 2004). Lacy filed a timely petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1, which was denied by the trial court by written order. Lacy has now lodged an appeal from that order in this court. The state filed a motion to direct appellant to comply with Arkansas Supreme Court Rule 4-2(a)(5) . We granted that motion and directed Lacy to submit a substituted brief. Lacy v. State, CR 05-69 (Ark. September 8, 2005) (per curiam). Now before us is appellant's motion for extension of time to file the substituted brief. He also requests by motion a copy of the trial transcript from the direct appeal of the judgment of conviction in his case.

Appellant is an inmate in the custody of the Arkansas Department of Correction and proceeding pro se. The motion for extension of time is granted. Appellant will have forty-five days from the date of this opinion to file his substituted brief. The motion for access to a copy of the trial transcript is also granted, so that he may comply with the abstracting requirement in our rules. Our clerk is directed to forward a copy of the transcript to appellant, which must be returned when the brief is submitted.

Motions granted.