ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

June 12, 2003

JOHNNY DODSON

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 02-1221

PRO SE MOTIONS TO FILE A BELATED REPLY BRIEF AND FOR DUPLICATION OF REPLY BRIEF AT PUBLIC EXPENSE [CIRCUIT COURT OF MONROE COUNTY, NO. CR 95-172]

MOTION TO FILE A BELATED REPLY BRIEF GRANTED; MOTION FOR DUPLICATION OF REPLY BRIEF AT PUBLIC EXPENSE DENIED

In 1999, Johnny Dodson was found guilty of possession of a controlled substance with intent to deliver and possession of a controlled substance. An aggregate sentence of twenty-five years' imprisonment was imposed. We affirmed. Dodson v. State, 341 Ark. 41, 14 S.W.3d 489 (2000).

In 2000, Dodson filed in the trial court a timely pro se petition for postconviction relief pursuant to Criminal Procedure Rule 37.1 challenging the judgment of conviction. The court denied the petition, and Dodson appealed to this court. Appellant Dodson did not file a timely reply brief and now seeks leave to file a belated brief. He also asks that the brief be duplicated at public expense.

Appellant tendered one copy of the reply here fourteen days after it was due. He explains that the late tender of the brief was a result of his incarceration and lack of immediate access toa typewriter. As the brief-in-chief was filed in a timely fashion and appellant has requested no other extensions of time in this appeal, we will permit him to file a belated reply brief. The brief is due here no later than thirty days from the date of this opinion.

With respect to appellant's request that the reply brief be duplicated at public expense, there is no right under our rules or any constitutional provision to have a brief in a postconviction or a civil case duplicated at public expense. See Maxie v. Gaines, 317 Ark. 231, 876 S.W.2d 572 (1994). Nevertheless, in those cases where the indigent appellant makes a substantial showing in a motion to have the appellant's brief duplicated that the appeal has merit and that he cannot provide the court with a sufficient number of copies of the brief, we will request the Attorney General to duplicate the brief. In the motion at bar appellant has failed to offer any showing of substantial merit to the appeal. Accordingly, appellant is obligated to submit seventeen copies of the appellant's reply brief.

Motion to file belated reply brief granted; motion for duplication of reply brief at public expense denied.

Corbin, J., not participating.