Rodell Avery, Jr. v. State of Arkansas

ARKANSAS SUPREME COURT

No. CACR 04-395

NOT DESIGNATED FOR PUBLICATION

RODELL AVERY, JR.

Petitioner

v.

STATE OF ARKANSAS

Respondent

Opinion Delivered February 2, 2006

PRO SE MOTION TO COMPEL COUNSEL TO PROVIDE COPY OF TRANSCRIPT [CIRCUIT COURT OF CALHOUN COUNTY, CR 2002-35-4, CR 2002-38-4, HON. CAROL CRAFTON ANTHONY, JUDGE]

MOTION DENIED

PER CURIAM

A jury found Rodell Avery, Jr., guilty of one count of aggravated robbery and three counts of kidnapping Calhoun County Circuit Court case number CR 2002-35-4, and guilty of second degree escape in case number CR 2002-38-4. He was sentenced as a habitual offender to an aggregate term of 480 months' imprisonment. Avery subsequently filed a motion in the trial court to vacate the judgment in both cases pursuant to Ark. R. Crim. P. 37.1, and a motion to dismiss the escape charge on jurisdictional grounds. The trial court denied both motions. Avery lodged a belated appeal from that order, which this court granted. Avery v. State, __ Ark. __, __ S.W.3d __ (April 7, 2005) (per curiam). The court of appeals affirmed. Avery v. State, __ Ark. App. __, __ S.W.3d __ (November 16, 2005).

Now before us is petitioner Avery's pro se motion to compel his attorney to provide him with a copy of the trial transcript.1 Petitioner's counsel was retained, and this court has no information as to whether petitioner paid for an additional copy of the transcript which is in the possession of counsel. Moreover, even if petitioner did purchase a copy of the transcript, petitioner has failed to establish that this court has jurisdiction to compel counsel at this juncture in the proceeding to compel counsel to turn over the transcript to petitioner.

Motion denied.

1 For clerical purposes, the motion has been filed under the docket number assigned to the direct appeal of the judgment which was lodged in the court of appeals. This court decides motions for transcript because such motions are considered to be requests for postconviction relief. See Williams v. State, 273 Ark. 315, 619 S.W.2d 628 (1981).