Timothy Wayne Hardin v. State of Arkansas

ARKANSAS SUPREME COURT

No. CR 05-495

NOT DESIGNATED FOR PUBLICATION

TIMOTHY WAYNE HARDIN

Petitioner

v.

STATE OF ARKANSAS

Respondent

Opinion Delivered September 22, 2005

PRO SE MOTION FOR EXTENSION OF TIME TO FILE BRIEF [CIRCUIT COURT OF PULASKI COUNTY, CR 1998-571, HON. MARION HUMPHREY, JUDGE]

APPEAL DISMISSED; MOTION MOOT

PER CURIAM

Timothy Wayne Hardin was convicted of rape, residential burglary and theft of property and was sentenced to 480 months imprisonment on November 5, 1998. Mr. Hardin's conviction was affirmed on direct appeal. Hardin v. State, CACR99-604 (Ark. App. Feb. 2, 2000). Mr. Hardin then filed a petition for postconviction relief under Ark. R. Crim. P.37.1. That petition was ultimately denied by the trial court, and we affirmed. Hardin v. State, CACR02-335 (Ark. Feb. 6, 2003) (per curiam). Mr. Hardin then filed an application for writ of habeas corpus pursuant to Ark. Code Ann. § 16-112-201 (Supp. 2001) seeking a hearing and scientific testing of certain items taken into evidence. The trial court denied the petition by written order on January 28, 2005. Now before us is petitioner's appeal from the trial court's denial of the petition for habeas corpus.

We have previously established that it is the responsibility of the appellant to bring a record to this court sufficient for our review of the issues presented. See e.g., Jones v. Flowers, ___ Ark. ____, ____ S.W.3d ____ (November 18, 2004). In this case, Mr. Hardin failed to include a copy of his Act 1780 of 2001 petition in the record. Without a complete record we are in no position to assess the merits of Mr. Hardin's claim. Accordingly, the appeal is dismissed.

Appeal dismissed; motion moot.