Zane Fair v. State of Arkansas

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Cite as 2009 Ark. 142 (unpublished) ARKANSAS SUPREME COURT No. CR 08-1203 Opinion Delivered ZANE FAIR Appellant v. STATE OF ARKANSAS Appellee March 12, 2009 PRO SE PETITION FOR WRIT OF CERTIORARI AND SUPPLEMENT TO PETITION [CIRCUIT COURT OF INDEPENDENCE COUNTY, CR 2007-214] PETITION GRANTED; WRIT OF CERTIORARI ISSUED. PER CURIAM Appellant Zane Fair filed a partial record in this court to appeal a judgment entered in Independence County Circuit Court reflecting appellant’s conviction on two counts of criminal trespass and one count of terroristic threatening. Appellant then filed a petition in which he sought a writ of certiorari to bring up the transcribed portion of the proceedings in order to complete the record. Because we could not determine whether arrangements were in place to pay for the costs of the transcript, we declined to issue the writ, but allowed appellant to resubmit his request, along with appropriate verification that arrangements had been made to pay the costs of the transcript. Fair v. State, CR 08-1203 (Ark. Dec. 11, 2008) (per curiam). Appellant resubmitted his request for a writ of certiorari, along with his statement that he had made arrangements to pay the cost of the transcripts, but he did not verify that he had placed a deposit with the court reporter, or provide a statement from the court reporter Cite as 2009 Ark. 142 (unpublished) verifying that arrangements were in place. We again denied the petition, without prejudice to the extent that, within a set time, appellant could again file a petition for writ of certiorari with a statement from the court reporter or a copy of a receipt showing that a deposit had been placed with the reporter for the transcripts or other acceptable evidence that arrangements had been made. Fair v. State, CR 08-1203 (Ark. Jan. 22, 2009) (per curiam). Prior to expiration of the set period, appellant submitted another petition for writ of certiorari. He attached to his petition a copy of a cashier’s check made out to the court reporter and later submitted a supplement to the petition that included a copy of a receipt from the court reporter. As petitioner has now shown that appropriate financial arrangements have been made, we grant the petition. We direct that a writ of certiorari be issued to the Independence County Circuit Court to complete and file with our clerk a certified supplemental record containing the transcript of appellant’s trial in the pending case 1 within thirty days of the date of this order. Petition granted; writ of certiorari issued. 1 We note that the single case appealed, circuit court case number CR 2007-214, was tried together with another circuit court case, number CR 2008-24. -2-

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