Ian Jay Smith v. State of Arkansas

ARKANSAS SUPREME COURT

No. CR 05-649

NOT DESIGNATED FOR PUBLICATION

IAN JAY SMITH

Appellant

v.

STATE OE ARKANSAS

Appellee

Opinion Delivered October 20, 2005

PRO SE MOTIONS FOR EXTENSION OF TIME, FOR ACCESS TO THE RECORD, AND TO WITHDRAW MOTION FOR ACCESS TO THE RECORD [CIRCUIT COURT OF BENTON COUNTY, CR 2002-289-1, HON. TOM KEITH, JUDGE]

MOTIONS GRANTED

PER CURIAM

Ian Jay Smith pled guilty to three counts of rape and was sentenced to thirty years' imprisonment to run concurrently. Appellant subsequently filed a timely petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1 in the trial court. The petition was denied, and Smith filed the instant appeal. Appellant's motion for extension of time and motion for access to the record are now before us. Before those motions could be ruled on, appellant filed a motion to withdraw the motion for access to the record.

Smith is an inmate in the custody of the Arkansas Department of Correction and proceeding pro se. Appellant's brief has already been tendered. The motion for extension of time is granted. Our clerk is directed to file the tendered brief as of the date of this opinion. Because the appellant's brief has already been tendered, the motion of access to the record is moot, and we grant the motion to withdraw it.

Motions granted.