ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

April 26, 2001

COREY HARRIS

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 00-715

PRO SE MOTION FOR APPOINTMENT OF COUNSEL [CIRCUIT COURT OF PULASKI COUNTY, CR 98-3264]

MOTION DENIED

In 1999, Corey Harris was found guilty by a jury of aggravated robbery, kidnapping, and theft of property and sentenced as a habitual offender to an aggregate term of life imprisonment. We affirmed. Harris v. State, 399 Ark. 35, 2 S.W.3d 768 (1999). Harris 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 Harris now asks that counsel be appointed to represent him in this appeal.

Postconviction matters are considered civil in nature with respect to the right to counsel, and there is no absolute right to appointment of counsel in civil matters. See Virgin v. Lockhart, 288 Ark. 92, 702 S.W.2d 9 (1986). We have held, however, that if an appellant makes a substantial showing that he is entitled to relief in a postconviction appeal and that he cannot proceed without counsel, we will appoint counsel. See Howard v. Lockhart, 300 Ark. 144, 777 S.W.2d 223 (1989). There is no statement of merit in the motion; therefore, appellant has failed to establish that counsel should be appointed.

Motion denied.