Justin Lee McDonald v. State of Arkansas
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ARKANSAS SUPREME COURT
No. CR 08153
Opinion Delivered
March 6, 2008
PRO SE PETITION FOR REVIEW
[CACR 05923] [CIRCUIT COURT OF
CRAWFORD COUNTY, CR 2004146,
HON. GARY COTTRELL, JUDGE]
JUSTIN LEE MCDONALD
Petitioner
v.
PETITION DENIED.
STATE OF ARKANSAS
Respondent
PER CURIAM
In 2005, petitioner Justin Lee McDonald was found guilty by a jury of five counts of delivery
of methamphetamine and sentenced to an aggregate term of twentyfour years’ imprisonment. The
Arkansas Court of Appeals affirmed. McDonald v. State, CACR 05923 (Ark. App. Jan. 16, 2008).
Now before us is petitioner’s pro se petition for review. He asks that our court review
decisions made by the trial court, apparently for the purpose of a de novo direct appeal rather than
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a review of the court of appeals’ decision.
We first note that petitioner was represented by counsel in the direct appeal to the court of
appeals, although counsel filed a nomerit brief and has been relieved of further representation of
petitioner. Appellant also was permitted to file pro se points for reversal. Having accepted
representation by counsel, an appellant is not entitled to pursue his own motions for relief and also
rely on counsel to represent him. See Monts v. Lessenberry, 305 Ark. 202, 806 S.W.2d 379 (1991)
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In the petition, he contends that: (1) the confession used to convict him was coerced and untrue;
(2) certain documentary evidence should have been allowed to be introduced in order to impeach a witness;
(3) the trial court improperly sentenced petitioner based on his lack of remorse.
(per curiam).
Moreover, even if this court were to consider the pro se petition for review, there is no
ground stated in it pursuant to Ark. Sup. Ct. R. 24(c) to grant a review. The rule provides that
review will not be granted without a showing by the petitioner that the decision of the court of
appeals was reached by a tie vote or was in conflict with a prior holding of a published opinion of
either this court or the court of appeals. Alternatively, the petitioner must show that the court of
appeals otherwise erred with respect to one of the grounds enumerated in Ark. Sup. Ct. R. 12(b).
The request that this court review decisions made by the trial court is not contemplated under our
rules, and petitioner has not demonstrated a basis for relief under Rule 24(c).
Petition denied.
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