Charles Stine v. State of Arkansas

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ARKANSAS SUPREME COURT No. CR 07-1300 Opinion Delivered May 22, 2008 CHARLES STINE Appellant v. STATE OF ARKANSAS Appellee APPELLANT’S PRO SE MOTION AND SUPPLEMENTAL MOTION FOR RECONSIDERATION OF DISMISSAL OF APPEAL [CIRCUIT COURT OF SEBASTIAN COUNTY, FORT SMITH DISTRICT, CR 2002-304, HON. JAMES O. COX, JUDGE] MOTIONS DENIED. PER CURIAM Now before us are appellant’s pro se motion and supplemental motion for reconsideration of the dismissal of this appeal handed down on April 17, 2008. Stine v. State, CR 07-1300 (Ark. Apr. 17, 2008) (per curiam). In 2007, appellant filed in the trial court a pleading designated as a motion in which he challenged the constitutionality of certain statutes under which he was sentenced in 2002 and 2003. He also challenged the constitutionality of the Sex Offender Registration Act. Ark. Code Ann. §12-12-901–12-12-923 (Supp. 2007). He then appealed to this court from the trial court’s denial of the motion. In the instant motion for reconsideration, appellant reiterates the same grounds advanced in the original motion as the basis for his claims, and in the supplemental motion he cites to additional United States Supreme Court cases as further support for his position. Appellant has failed to meet his burden of demonstrating that there was some error of fact or law in the decision that would merit reconsideration of the dismissal of the appeal. In sum, appellant failed to demonstrate a valid method by which a constitutional challenge to his convictions could be raised, as no direct or collateral attack of the convictions was available to him in 2007. Without a valid cause of action or remedy to pursue, this court was unable to obtain jurisdiction over the matter on appeal. Motions denied. -2-

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