ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

June 12, 2003

BOBBY R. GREEN

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 02-1203

PRO SE MOTIONS TO FILE A SUPPLEMENTAL PRO SE BRIEF AND MOTION FOR RELEASE OF MEDICAL RECORDS [CIRCUIT COURT OF DESHA COUNTY, ARKANSAS DISTRICT, NO. CR 2001-172-1]

MOTIONS DENIED

Bobby R. Green was found guilty of multiple felony offenses and sentenced to life plus 110 years' imprisonment. The judgment of conviction is on appeal to this court. (Briefs have been filed and the case is ready for submission.) Appellant is represented by counsel in the appeal of his conviction. Now before us are two pro se motions filed by appellant in which he seeks leave to file a pro se supplemental brief and release of medical records in the custody of the Arkansas Department of Correction.

As to appellant's desire to file a supplemental brief, an appellant is not entitled to supplement the brief filed by his attorney absent a showing that counsel's brief is clearly deficient. Wade v. State, 288 Ark. 94, 702 S.W.2d 28 (1986). A brief is not deficient merely because the appellant disagrees with the arguments raised by his attorney. Dokes v. State, 299 Ark. 178, 772 S.W.2d 583 (1989). Appellant complains at length that the record is deficient and that there were

a multitude of errors made by the trial court and counsel in the course of his trial, but he has not demonstrated that there is any specific meritorious point for reversal that counsel has failed to raise in the appellant's brief. As a result, he has not shown that the brief is clearly deficient or that he should be allowed to accept appointment of counsel for this appeal and also submit a pro se brief. See Franklin v. State, 327 Ark. 537, 939 S.W.2d 537 (1997); see also Monts v. Lessenberry, 305 Ark. 202, 806 S.W.2d 379 (1991). If appellant is dissatisfied with the representation he was afforded by counsel either at trial or on appeal, his remedy is a timely petition for postconviction relief pursuant to Criminal Procedure Rule 37.1 on the ground of ineffective assistance of counsel.

Appellant's second motion asks that this court order the Arkansas Department of Correction to release medical records in its custody that appellant contends are vital support for points to be raised on appeal. It will suffice to say that evidence not contained in the trial record cannot be used to substantiate a point on appeal. Jacobs v. State, 316 Ark. 96, 870 S.W.2d 740 (1994).

Motions denied.

Corbin, J., not participating.