Charles G. Rodgers v. State of Arkansas
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ARKANSAS SUPREME COURT
No. CR 051112
NOT DESIGNATED FOR PUBLICATION
Opinion Delivered
CHARLES G. RODGERS
Appellant
PRO SE PETITION FOR WRIT OF CERTIORARI,
MOTIONS FOR EXTENSION OF TIME TO FILE
BRIEF, AND FOR ACCESS TO RECORD
[CIRCUIT COURT OF PHILLIPS COUNTY, CR
2002171, HON. L. T. SIMES II, JUDGE]
v.
STATE OF ARKANSAS
Appellee
March 16, 2006
PETITION FOR WRIT OF CERTIORARI
GRANTED; MOTION FOR EXTENSION OF
TIME TO FILE BRIEF MOOT; MOTION FOR
ACCESS TO RECORD GRANTED
PER CURIAM
Appellant Charles G. Rodgers was convicted of rape and sentenced to life imprisonment. This
court affirmed. Rodgers v. State, ___ Ark. ___, ___ S.W.3d ___ (December 9, 2004) (CR 04534).
Appellant timely filed in the trial court a pro se petition for postconviction relief under Ark. R. Crim.
P. 37.1, which was denied by order entered April 15, 2005. Appellant untimely filed a notice of
appeal as to that order, and we granted a motion to proceed with a belated appeal. Rodgers v. State,
CR 05112 (Ark. November 3, 2005) (per curiam). We previously granted appellant’s motion
requesting access to the record and an extension of time to file appellant’s brief. Rodgers v. State,
CR 05112 (Ark. January 5, 2006) (per curiam). Now before us are appellant’s petition for a writ
of certiorari, and motions requesting an extension of time to file appellant’s brief and requesting
access to the record of his trial on direct appeal and to a transcript of a hearing in the postconviction
proceeding.
Appellant seeks a more complete record to be lodged. The trial court’s order of April 15,
2005, denying postconviction relief, indicates that there was a hearing at which appellant and the
prosecution were present, even though no evidentiary hearing was conducted. The petition for writ
of certiorari is granted inasmuch as the trial court referred to the hearing in its order and portions of
the hearing may be pertinent to the appeal. The writ of certiorari is issued, returnable in thirty days,
to bring up the transcript of the postconviction hearing held on appellant’s Rule 37.1 petition. After
the writ is returned, a new briefing schedule will be set for the appeal.
Appellant also requests the record of certain testimony from his trial, in addition to the record
of the hearing referenced in the trial court’s order. It is not necessary to lodge the record of the trial
testimony. As public record already filed with the appellate court in the earlier appeal, appellant’s
trial record need not be incorporated to form a part of the record before us. Drymon v. State, 327
Ark. 375, 938 S.W.2d 825 (1997) (per curiam). Hence, the testimony of the witness at trial is
already a part of the record, and there is no need to bring the record to this court.
As for appellant’s request for access to the record, we recognize that an appellant must
abstract those portions of the record pertinent to the appeal. The request for access to a copy of the
trial record and postconvictionrelief hearing is granted. Our clerk is directed to mail a copy of the
hearing transcript, along with a copy of the trial record, to appellant to prepare his brief upon receipt
of the hearing transcript. The copy of those portions of the record provided under this order, both
that of the trial and that of the postconvictionrelief hearing, in addition to the portions of the record
previously provided, must be returned to this court when the brief is submitted.
Petition for writ of certiorari granted; motion for extension of time to file brief moot; motion
for access to record granted.
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