ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

JANUARY 25, 2001

MONROE McGHEE

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 99-554

PRO SE MOTION TO FILE BELATED REPLY BRIEF [CIRCUIT COURT OF MISSISSIPPI COUNTY, CHICKASAWBA DISTRICT, NO. CR 91-186, CR 96-269, HON. SAMUEL TURNER, JUDGE]

MOTION DENIED

In 1996, Monroe McGhee was found guilty by a jury of multiple felony offenses and sentenced to an aggregate term of 480 months' imprisonment. We affirmed. McGhee v. State, 330 Ark. 38, 954 S.W.2d 206 (1997). McGhee subsequently filed in the trial court a timely pro se petition pursuant to Criminal Procedure Rule 37 challenging the judgment. The petition was denied, and the order is on appeal to this court.

Appellant McGhee, who is proceeding pro se, filed the appellant's brief with our clerk. He then filed a motion to amend the brief on the ground that it was deficient. As the case had not yet been submitted for decision, the motion was granted, and appellant was granted thirty days to file a substituted brief. McGhee v. State, CR 99-554 (October 28, 1999), citing Daffron v. State, 325 Ark. 411, 926 S.W.2d 662 (1996). He twice requested and was granted an extension of time to file the corrected substituted brief. We said when the second extension was granted

that no further extensions would be granted inasmuch as appellant had had since February 4, 2000, to prepare the substituted brief. McGhee v. State, CR 99-554 (June 8, 2000).

Appellant subsequently filed the substituted brief and the appellee has filed its brief. Appellant tendered an untimely reply brief and how seeks leave to file it on the ground that he is actually innocent of the offense of which he was convicted. The motion is denied. Appellant has been granted ample opportunity to proceed with this appeal. His claim of actual innocence is not grounds to excuse his failure to file a timely reply brief.

Motion denied.