ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

JANUARY 9, 2003

RICKIE EARN BERNA

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 83-153

PRO SE MOTION AND AMENDED MOTION FOR RULE ON CLERK, MOTION FOR DEFAULT JUDGMENT, AND MOTION FOR DISCOVERY [CIRCUIT COURT OF CRAWFORD COUNTY, NO. CR 81-280]

MOTIONS DISMISSED

In 1983, Rickie Earn Berna was found guilty by a jury of rape, aggravated robbery, and three counts of kidnapping. He was sentenced to an aggregate term of life imprisonment plus sixty years. We affirmed. Berna v. State, 282 Ark. 563, 670 S.W.2d 435 (1984). Berna subsequently sought postconviction relief pursuant to Criminal Procedure Rule 37.1 in this court. The petition was denied. Berna v. State, CR 83-153 (Ark. June 3, 1988) (per curiam).

Now before us are four pro se motions alleging that the judgment affirmed by this court in 1984 should be vacated, or in the alternative, that the decision on appeal should be vacated. The motions are dismissed. Any argument pertinent to the appeal of the judgment in this case could, and should, have been raised on appeal or in a timely petition for rehearing following affirmance of the judgment. The instant motions are not timely filed.

Motions dismissed.

Arnold, C. J., not participating.