Lewis v. State

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SLIP OPINION Cite as 2009 Ark. 573 SUPREME COURT OF ARKANSAS No. CR 09-703 Opinion Delivered ALBERT LEWIS Appellant November 12, 2009 PRO SE MOTION FOR TRANSCRIPT AT PUBLIC EXPENSE [CIRCUIT COURT OF CRITTENDEN COUNTY, CR 2008-600] v. STATE OF ARKANSAS Appellee MOTION DENIED. PER CURIAM In 2008, appellant Albert Lewis was sentenced as a habitual offender to consecutive terms of life imprisonment for rape and 360 months for kidnapping. An appeal from the judgment has been lodged in this court by appellant’s attorney. Now before us is appellant’s pro se motion requesting a copy at public expense of the transcript lodged on appeal or use of the transcript. In the motion, appellant contends that he needs the transcript because “without access to the trial transcript, the defendant will be effectively precluded from presenting to this court anything other than conclusory allegations based upon his memory of the trial proceedings which, at this late date, has been distorted by the passage of time.” Indigency alone does not entitle an appellant to free photocopying. See Layton v. State, 2009 Ark. 438 (per curiam), citing Washington v. State, 270 Ark. 840, 606 S.W.2d 365 (1980) (per curiam). Appellant here is represented by counsel. An appellant is not entitled to accept appointment of counsel and also proceed pro se. Hamilton v. State, 348 Ark. 532, 74 S.W.3d 615 Cite as 2009 Ark. 573 (2002). We do not allow an appellant to substitute his judgment for that of his attorney. See George v. State, 2009 Ark. 444 (per curiam), citing Brewer v. State, 371 Ark. 532, 268 S.W.3d 332 (2007) (per curiam). Clearly, appellant does not require a copy of the transcript to prepare a brief or pleadings to be filed in this appeal. Accordingly, the motion is denied.1 Motion denied. 1 A transcript lodged in the appellate court remains permanently on file with the clerk. Unless the transcript is being maintained under seal, persons may review a transcript in the clerk’s office and photocopy all or portions of it. An incarcerated person desiring a photocopy of a transcript may write this court, remit the photocopying fee, and request that the copy be mailed to the prison. All persons, including prisoners, must bear the cost of photocopying. Moore v. State, 324 Ark. at 455, 921 S.W.2d at 607 (1996) (per curiam). 2

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