ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

FEBRUARY 22, 2001

WILLIAM C. THOMPSON

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 00-1

PRO SE MOTION FOR REVISION OF CRIMINAL PROCEDURE RULE 37 [CIRCUIT COURT OF WASHINGTON COUNTY, NO. CR 95-211, HON. WILLIAM STOREY, JUDGE]

MOTION DENIED

William C. Thompson was found guilty of delivery of a controlled substance and sentenced to thirty years' imprisonment. The court of appeals affirmed. Thompson v. State, CACR 96-38 (December 4, 1996). Thompson subsequently filed in the trial court a timely petition pursuant to Criminal Procedure Rule 37. The petition was denied, and the order was appealed here. We reversed the order and remanded the matter to the trial court for written findings. Thompson v. State, CR 97-1091 (March 25, 1999). The court subsequently appointed counsel for Thompson and held an evidentiary hearing. Rule 37 relief was again denied, and counsel for appellant Thompson has lodged an appeal.

Now before us is a pro se motion filed by appellant. We first note that appellant's attorney does not join in this motion. We have held that 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 Franklin v. State, 327 Ark. 537, 939 S.W.2d 537 (1997).

Motion denied.