ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

MARCH 8, 2001

DEREK CHARLES COLEMAN

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 00-414

PRO SE MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF [CIRCUIT COURT OF CRITTENDEN COUNTY, NO. CR 91-916]

MOTION GRANTED (FINAL EXTENSION)

Derek Charles Coleman was convicted by a jury of first degree murder and sentenced to life in prison. We affirmed. Coleman v. State, 314 Ark. 143, 860 S.W.2d 747 (1993). Coleman subsequently filed in the trial court a timely pro se petition for postconviction relief pursuant to Arkansas Criminal Procedure Rule 37. The circuit court denied relief without a hearing. In his appeal from that order, Coleman assigned error to the circuit court's failure to make written findings in the order denying relief. We agreed that the order did not comply with the requirements of Rule 37.3 and reversed and remanded the case for written findings and, if necessary, a postconviction hearing. Coleman v. State, CR 96 883 (June 30, 1997).

The circuit court subsequently appointed counsel for Coleman, held a hearing on the claims in Coleman's petition, and denied relief. Coleman appealed from the court's order. Because we again found that the order did not comply with Rule 37.3's mandatory requirement of written findings of fact and conclusions of law following a postconviction hearing, we reversedand remanded the matter so that the court could enter an order complying with the rule. Coleman v. State, CR 98-224 (September 16, 1999).

On February 10, 2000, the trial court again denied Coleman's Rule 37 petition, and the record on appeal from that order has been lodged here. Now before us is appellant Coleman's motion for extension of time to file the appellant's brief. This is the second such motion filed by appellant, who is proceeding pro se in this appeal.

The time to file the appellant's brief is extended to forty days from the date of this opinion. Because the time for filing the appellant's brief has already been extended once before and appellant has had since April 4, 2000, to prepare his brief, no further extensions of time will be granted.

Motion granted (final extension).