ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

FEBRUARY 15, 2001

JAMES MUNSON

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 99-824

PRO SE MOTION TO EXPEDITE APPEAL [CIRCUIT COURT OF FAULKNER COUNTY, NO. CR 95-609]

MOTION DENIED

James Munson was found guilty of violation of a minor in the first degree and sentenced to a term of fifteen years' imprisonment. We affirmed. Munson v. State, 331 Ark.418, 59 S.W.2d 391 (1998). Munson subsequently filed in the trial court a petition pursuant to Criminal Procedure Rule 37 challenging the judgment. The petition was denied, and the order is on appeal to this court. Appellant Munson, who is represented by appointed counsel, now seeks by pro se motion to have the appeal expedited. Appellant's attorney has not joined in the motion.

The motion is denied. Appellant asserts that the appeal should be expedited because he has a right to have his claims heard. The assertion is not sufficient to show that there is good cause for this appeal to be heard before other postconviction appeals also pending. Moreover, an appellant who has accepted counsel, either by retaining an attorney or by having one appointed, is not entitled to be heard by himself and counsel on appeal. See Monts v. Lessenberry,

305 Ark. 202, 806 S.W.2d 379 (1991).

Motion denied.