ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

JANUARY 16, 2003

ERIC BURGIE

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 02-90

PRO SE MOTION TO SUBMIT ADDITIONAL POINTS FOR REVERSAL [CIRCUIT COURT OF GARLAND COUNTY, NO. CR 2000-366-I, HON. JOHN WRIGHT, JUDGE]

MOTION DENIED

Eric Burgie was found guilty by a jury of capital murder and aggravated robbery for which an aggregate term of life imprisonment without parole was imposed. The judgment is on appeal to this court. Counsel for appellant Burgie has filed a motion to be relieved and a brief pursuant to Anders v. California, 386 U.S. 738 (1967), and Sup. Ct. R. 4-3(j)(1), contending that the appeal is wholly without merit. In accordance with Sup. Ct. R. 4-3(j)(2), a copy of the brief and motion were mailed to appellant so that he could file within thirty days any points he desired to raise in the appeal. Appellant filed his points for reversal and now seeks leave to file additional points for reversal.

It is assumed that the procedure set out in our rule and in Anders, supra, which has been followed in this appeal, will afford appellants ample opportunity to be heard. Here, counsel has filed a brief addressing the adverse rulings made in the trial court, and appellant does not contendthat any specific issue was omitted. Instead, after filing his points for reversal, he now desires to augment the points because they were not a full expression of the facts. The additional points, however, pertain to issues of witness credibility and issues which were not raised below and are thus not preserved for review by this court. Under these circumstances, we find no cause to depart from the prevailing rules of procedure to allow appellant to file additional points.

Motion denied.