ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

MARCH 8, 2001

JOHNNY MORRIS LEEPER

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 00-852

PRO SE PETITION FOR WRIT OF CERTIORARI [CIRCUIT COURT OF CLARK COUNTY, NO. CR 99-221, HON. JOHN A. THOMAS, JUDGE]

PETITION GRANTED; WRIT OF CERTIORARI ISSUED

On March 17, 2000, judgment was entered reflecting that Johnny Morris Leeper had pleaded guilty to possession of drug paraphernalia and the offense of being a felon in possession of a firearm. He was sentenced to serve an aggregate term of seventy-two months' imprisonment. Leeper subsequently filed in the trial court a timely petition pursuant to Criminal Procedure Rule 37 seeking to withdraw the plea of guilty. The petition was denied, and the record on appeal from the order has been lodged here.

After both appellant Leeper and the appellee filed briefs, appellant filed the instant petition for writ of certiorari asking that a writ be issued to bring up the record of the pre-trial suppression hearing, the plea agreement, the plea proceeding, and any other record or document on which the court relied when it denied the petition for postconviction relief. Appellant indicates that the petition was prompted by the State's assertion that his points for reversal could not be reached because he has failed to abstract the pertinent documents and proceedings, none of which appears in the record lodged in this appeal.

Inasmuch as the appellant is responsible for abstracting all pertinent portions of the record on which the trial court relied in reaching its decision and the record lodged here does not contain material specifically referred to by the court in its order, we grant the petition and issue a writ of certiorari to bring up within ninety days the following: any hearing held on a pre-trial motion to suppress evidence; the statement in advance of plea of guilty; the plea agreement; and the proceeding in which appellant entered his plea of guilty. Upon return of the writ, we direct our clerk to provide appellant with a copy of the original partial record and the material included in the writ so that he may submit within forty days of the date the writ is returned a substituted brief. The clerk is further directed to discard the brief already filed by appellant. The appellee will also be allowed to file a substituted brief within thirty days of the date the appellant's substituted brief is filed if it desires to do so or it may stand on the appellee's brief already filed.

Petition granted; writ of certiorari issued.