Walter A. McCullough v. Honorable Victor Hill, Circuit Judge

ARKANSAS SUPREME COURT

No. CR 05-723

NOT DESIGNATED FOR PUBLICATION

WALTER A. McCULLOUGH

Petitioner

v.

HON. VICTOR HILL, CIRCUIT

JUDGE

Respondent

Opinion Delivered September 22, 2005

PRO SE PETITION FOR WRIT OF MANDAMUS [CIRCUIT COURT OF CRAIGHEAD COUNTY, WESTERN DISTRICT, CR 2004-820]

PETITION MOOT

PER CURIAM

On April 27, 2005, judgment was entered reflecting that Walter A. McCullough had been found guilty by a jury of committing a terroristic act and sentenced to 480 months' imprisonment.

On May 12, 2005, McCullough filed in the trial court a pro se motion for new trial pursuant to Criminal Procedure Rule 33.1.

Now before us is a pro se petition for writ of mandamus filed by McCullough in which he contends that the trial court has not acted on his motion and asking that this court direct the court to make a ruling. The mandamus petition is moot inasmuch as Criminal Procedure Rule 33.3(c) provides in pertinent part that if the trial court neither grants nor denies a motion for new trial within thirty days, the motion is deemed denied as of the thirtieth day by operation of law.

Petition moot.