ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

April 5, 2001

MICHAEL A. DAVIS

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 01-57

PRO SE MOTIONS TO SUPPLEMENT RECORD and MOTION FOR ACCESS TO TRIAL TRANSCRIPT AND POSTCONVICTION APPEAL RECORD AND FOR EXTENSION OF TIME TO FILE BRIEF [CIRCUIT COURT OF PULASKI COUNTY, NO. CR 98-28, HON. JOHN W. LANGSTON, JUDGE]

MOTIONS TO SUPPLEMENT RECORD MOOT; MOTION FOR ACCESS TO TRIAL TRANSCRIPT AND POSTCONVICTION APPEAL RECORD AND FOR EXTENSION OF TIME TO FILE BRIEF GRANTED

In 1998, Michael A. Davis was found guilty of aggravated robbery, kidnapping, and theft of property and sentenced as a habitual offender to consecutive terms of imprisonment of thirty years, life, and ten years. We affirmed. Davis v. State, CR 98-1180 (April 13, 2000).

Davis subsequently filed in the trial court a timely petition pursuant to Criminal Procedure Rule 37 seeking to vacate the judgment. The petition was denied, and the record on appeal from the order has been lodged here.

Appellant, who is proceeding pro se, now asks in three motions to be permitted to supplement the record with the transcript of his trial and for access to the trial transcript and the record lodged in this appeal to prepare his brief. He further requests an extension of time to filethe brief.

Appellant's request to consolidate the record in this postconviction appeal with the trial record lodged on direct appeal of the judgment is moot. The transcript of a trial which has been lodged in the appellate court on direct appeal of the judgment is a public record. As such, a motion to incorporate it into the record in a postconviction appeal which stems from the same judgment of conviction is not necessary. Drymon v. State, 327 Ark. 375, 938 S.W.2d 825 (1997).

With respect to appellant's desire for access to the trial transcript so that he may abstract those portions of the trial as are pertinent to the postconviction appeal, we direct our clerk to provide appellant with a copy of the trial transcript and the postconviction appeal record so that he may prepare his brief. The appellant's brief is due here no later than forty days from the date of this opinion.

Motions to supplement record moot; motion for access to trial transcript and postconviction appeal record and for extension of time granted.