ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

MARCH 8, 2001

JIMMY L. KING

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 95-884

PRO SE MOTION FOR PHOTOCOPIES AT PUBLIC EXPENSE [CIRCUIT COURT OF MILLER COUNTY, CR 93-257-2]

MOTION DENIED

Jimmy L. King was found guilty in 1994 of aggravated robbery and battery in the first degree and sentenced to an aggregate term of sixty years' imprisonment. We affirmed. King v. State, 323 Ark. 558, 916 S.W.2d 725 (1996). King now asks by pro se motion to be provided at public expense, pursuant to the Freedom of Information Act, with a copy of the transcript lodged here on appeal. Petitioner King offers no ground for the request to receive the material at public expense.

The Freedom of Information Act, codified as Ark. Code Ann. § 25-19-101 et seq, does not require an appellate court to provide photocopying at public expense. Partin v. State, CR 93-682 (June 30, 1997), citing Moore v. State, 324 Ark. 453, 921 S.W.2d 606 (1996). A petitioner is not entitled to a free copy of material on file with this court unless he demonstrates some compelling need for specific documentary evidence to support an allegation contained in a petition forpostconviction relief. See Austin v. State, 287 Ark. 256, 697 S.W.2d 914 (1985). Indigency alone does not entitle a petitioner to free photocopying. Washington v. State, 270 Ark. 840, 606 S.W.2d 365 (1980). Petitioner has not made a showing of compelling need for a photocopy at public expense of the transcript lodged here.

It should be noted that when an appeal has been lodged in this court, the appeal transcript remains permanently on file with the clerk. Persons may review a transcript in the clerk's office and photocopy all or portions of it. An incarcerated person desiring a photocopy of a transcript or portions of the transcript may write this court, remit the photocopying fee, and request that the copy be mailed to the prison. All persons, including prisoners, must bear the cost of photocopying. Moore v. State, supra.

Motion denied.