ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

SAM BIRD, JUDGE

DIVISION III

MAURICE ATKINSON JR.,

APPELLANT

V.

STATE OF ARKANSAS,

APPELLEE

CACR02-38

OCTOBER 30, 2002

APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT,

NO. CR2000-2924,

HON. JOHN W. LANGSTON, JUDGE

AFFIRMED

Maurice Atkinson, Jr. was charged with aggravated robbery and theft of property resulting from the robbing of a Little Rock Taco Bell. Atkinson filed discovery motions, encompassing a request for all electronic surveillance of the premises. Prior to trial, he filed a motion for the State to produce a surveillance tape that he alleged existed from the night of the robbery. The tape was not produced, and Atkinson was convicted of aggravated robbery and theft of property. He appeals, contending that it was error for the trial court to fail or refuse to direct the prosecuting attorney to produce the video surveillance of the alleged robbery, as he had timely and specifically requested that it be produced. We affirm.

We are precluded from reviewing Atkinson's argument because he did not obtain a ruling on his motion to produce. Prior to trial, the following exchange occurred:

Court: . . . Are there any other motions?

Defense counsel: Your Honor, the only other motion that I have, I have a Motion to Produce, and in particular I'm interested in the surveillance camera. I think there was a surveillance camera located in the Taco Bell restaurant at that time, and I'd like a copy of that tape.

State: I told Mrs. Anderson [defense counsel] it does exist. There was not a tape at the time. We don't plan on introducing one.

Court: All right. Anything else that's requested in that regard, counsel?

Defense counsel: No, sir.

Court and counsel then proceeded to address other motions. In order to preserve a point for appellate review, a party must obtain a ruling from the trial court. Vaughn v. State, 338 Ark. 220, 992 S.W.2d 785 (1999). We will not review a matter on which the trial court has not ruled, and a ruling should not be presumed. Id. The burden of obtaining a ruling is on the movant; matters left unresolved are waived and may not be raised on appeal. Id. We hold that Atkinson failed to obtain a ruling on his motion to produce. Accordingly, we affirm.

Affirmed.

Pittman and Robbins, JJ., agree.