Albert Levon Burton v. State of Arkansas

ARKANSAS SUPREME COURT

No. CR 05-494

NOT DESIGNATED FOR PUBLICATION

ALBERT LEVON BURTON

Appellant

v.

STATE OF ARKANSAS

Appellee

Opinion Delivered January 19, 2006

PRO SE MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF [CIRCUIT COURT OF ARKANSAS COUNTY, CR 2002-63, HON. DAVID HENRY, JUDGE]

MOTION GRANTED

PER CURIAM

Albert Levon Burton was found guilty by a jury of two counts of aggravated assault, one count of criminal mischief, and one count of felon in possession of a firearm. An aggregate sentence of 240 months' imprisonment and a fine of $18,000.00 was imposed. The court of appeals affirmed. Burton v. State, CACR 04-282 (Ark. App. March 2, 2005). Burton subsequently filed a timely petition in the trial court for postconviction relief pursuant to Ark. R. Crim. P. 37.1. The petition was denied, and Burton lodged an appeal from that order in this court.

Appellant, 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 reply brief. This is the first such extension of time to file a reply brief sought by appellant.

The motion is granted. The appellant's reply brief is due no later than fifteen days from the date of this opinion.

Motion granted.