ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

APRIL 3, 2003

ROBERT C. OLIVER

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 02-823

PRO SE MOTION TO FILE BELATED REPLY BRIEF [CIRCUIT COURT OF PULASKI COUNTY, NO. CR 97-624, HON. JOHN B. PLEGGE, JUDGE]

MOTION GRANTED

In 1997, Robert C. Oliver was found guilty by a jury of robbery, kidnapping, residential burglary, and theft of property. An aggregate sentence of 100 years' imprisonment was imposed. The court of appeals affirmed. Oliver v. State, CACR 98-368 (Ark. App. December 16, 1998).

In 2002, Oliver, who is in the custody of the Arkansas Department of Correction, filed in the trial court a pro se petition for writ of habeas corpus on a claim of actual innocence pursuant to Act 1780 of 2001, codified as Ark. Code Ann. §16-112-201, et seq. The court denied the petition, and the record has been lodged here on appeal.

Appellant Oliver tendered his reply brief eight days late. In the instant motion, he seeks to file the reply brief belatedly. As the basis for the motion, appellant states that he was required to wait his turn to use the prison library typewriter and copier to prepare the brief. Appellant has had no other late filings in this appeal. Appellant tendered the brief only eight days passedthe due date and has stated good cause for the delay in tendering his brief, the motion is granted.

Motion granted.