ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

JANUARY 17, 2002

RONALD G. THOMAS

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 98-1084

PRO SE MOTION FOR RECONSIDERATION OF MOTION FOR PHOTOCOPIES AT PUBLIC EXPENSE [CIRCUIT COURT OF WASHINGTON COUNTY, NO. CR 96-645]

MOTION DENIED

On July 26, 1996, judgment was entered reflecting that Ronald G. Thomas had entered a plea of guilty to rape, sexual abuse in the first degree, and sexual solicitation. An aggregate sentence of 264 months' imprisonment was imposed.

Thomas subsequently filed in the trial court a timely petition pursuant to Criminal Procedure Rule 37 challenging the judgment. The petition was denied, and this court affirmed the order. Thomas v. State, CR 98-1084 (Ark. February 8, 2001).

On September 4, 2001, Thomas filed a motion seeking at public expense a copy of the Rule 37 appeal record and all written material related to the appeal. He offered no grounds for the request, and it was denied. Thomas v. State, CR 98-1084 (November 1, 2001) (per curiam). Petitioner Thomas now asks that we reconsider the motion on the grounds that he needsa copy of the record and the other material to provide factual substantiation for claims raised in federal proceedings. He does not state what claims have been raised or specify the documentation from the appeal record or the other material needed to substantiate the claims.

The motion for reconsideration is denied. As we said when the original motion was denied, 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 for postconviction relief. See Austin v. State, 287 Ark. 256, 697 S.W.2d 914 (1985). Indigency alone does not entitle a petitioner to a free photocopying. Washington v. State, 270 Ark. 840, 606 S.W.2d 365 (1980). Petitioner here has cited no specific reason for requiring the requested material.

It should be noted that when an appeal has been lodged in this court, the appeal record and other material filed on appeal remain permanently on file with the clerk. Persons may review an appeal record or other material in the clerk's office and photocopy all or portions of it. An incarcerated person desiring a photocopy of a record or other material on file may write this court, remit the photocopying fee, and request that the copy be mailed to the prison. In this manner the incarcerated person has full access to any material on file with this court. All persons, including prisoners, must bear the cost of photocopying. Moore v. State, 324 Ark. 453, 921 S.W.2d 606 (1996).

Motion denied.

Imber, J., not participating.