ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

FEBRUARY 8, 2001

MAKYBE S. HARSHAW

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 00-1130

PRO SE PETITION FOR WRIT OF MANDAMUS TO SET APPEAL BOND [CIRCUIT COURT OF PULASKI COUNTY, NO. CR 98-3475, HON. DAVID BOGARD, JUDGE]

PETITION DENIED

Makybe S. Harshaw was found guilty of murder in the second degree. The court of appeals reversed the judgment and remanded the matter to the trial court for a new trial. Harshaw v. State, 71 Ark. App. 42, 25 S.W.3d 440 (2000). On October 18, 2000, we granted the State's petition for review.

On January 22, 2001, Harshaw filed the instant pro se motion for release on bond, noting that the court of appeals granted him a new trial. The motion is denied. Our review of this matter is still pending. If it is ultimately returned to the trial court, Harshaw may file his motion in that court.

Motion denied.