Brian John White v. State of Arkansas

Brian John WHITE v. STATE of Arkansas

CR 96-955                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
                Opinion delivered April 14, 1997


Appeal & error -- appellant's motion to file belated briefs granted -- State's
     motion to dismiss denied -- appellant's motion for consideration of two
     other appeals as part of present appeal denied. -- Where the supreme
     court previously denied consolidation of appellant's three
     appeals, appellant was required to meet the briefing schedule
     established in each appeal; the court declared that its
     granting of appellant's earlier motion for a brief enlargement
     in case number CR 96-955 was unnecessary and rescinded it,
     directing appellant to file his respective briefs in each
     designated appeal within seven days; the court denied the
     State's motion to dismiss case numbers CR 96-1232 and CR 96-
     1233, and it further denied appellant's motion requesting that
     those appeals be decided as a part of CR 96-955.

     State's Motion to Dismiss denied; Appellant's Motion to File
Belated Briefs granted; Appellant's Motion for Appeals in Case Nos.
CR 96-1232 and CR 96-1233 to be Decided as a Part of CR 96-955
granted.
     Sam Sexton III, for appellant.
     Winston Bryant, Att'y Gen., by:  Clint Miller, Deputy Att'y
Gen. and Senior App. Advocate, for appellee.
     Per Curiam. 
     Appellant Brian John White files motions to dismiss appeals
from two revocation proceedings that have been filed under separate
numbers, CR96-1232 and CR96-1233.  The underlying criminal case
that led to White's revocation was also appealed and that case
reflects appeal number CR96-955.  On August 16, 1996, White
requested all three pending appeals be consolidated, but we denied
that request on September 16, 1996.
     Even though we denied consolidation of the three appeals,
White expresses confusion that he was unaware that the revocations
had been given separate appeal numbers CR96-1232 and CR96-1233, and
in February 1997, he filed his briefs due in the revocation cases,
in appeal case number CR96-955.  
     Because briefing schedules had been established in case
numbers CR96-1232 and 1233, and no briefs filed, the State has
moved to dismiss those two appeals.  However, White now asks the
revocation appeals docketed as CR96-1232 and 1233 be decided as a
part of case number CR96-955.
     Obviously, because we did not consolidate White's three
appeals, he is required to meet the briefing schedule established
in each appeal.  Our granting White his earlier motion for a brief
enlargement in case number CR96-955 was unnecessary and is
rescinded.  Instead, White is directed to file his respective
briefs in each designated appeal within seven days.  We deny the
State's motion to dismiss CR96-1232 and 1233, and further deny
White's motion requesting those appeals be decided as a part of
CR96-955.
     Corbin, J., not participating.