EN BANC

NOT DESIGNATED FOR PUBLICATION

ARKANSAS COURT OF APPEALS

PER CURIAM

CACR02- 422

JUNE 18, 2003

GREGORY REEDER AN APPEAL FROM THE PULASKI

APPELLANT COUNTY CIRCUIT COURT

v. [CR2001-2344]

STATE OF ARKANSAS HONORABLE WILLARD PROCTOR, JR.,

APPELLEE JUDGE

MANDATE RECALLED

An opinion was delivered in this case on May 14, 2003, dismissing appellant's Anders appeal based upon our determination that appellant entered unconditional guilty pleas to robbery, theft of property, and residential burglary. Subsequently, appellant filed a pro se motion for reconsideration on May 29, 2003, arguing that, although he pleaded guilty to robbery and theft of property, the record does not reflect that he pleaded guilty to the residential burglary charge.

Rule 2-3 of the Rules of the Supreme Court provides that a party may file a petition for rehearing within 18 days from the date of an appellate decision. As appellant's motion for reconsideration was filed within this time period, we will treat appellant's motion as a petition for rehearing.

Further, pursuant to Rule 5-3 of the Rules of the Supreme Court, we direct the Clerkto recall the mandate sent to the clerk of the Pulaski County Circuit Court, Fifth Division on June 3, 2003.

As evidenced by the May 14, 2003 opinion, appellant clearly pleaded guilty to robbery and theft of property. Those pleas were not entered conditionally, and the appeal as to those charges remains dismissed. However, there is no indication, in either the plea or subsequent sentencing proceeding, that appellant pleaded guilty to residential burglary or that the charge was nolle prossed as appellant contends. Notwithstanding, the judgment and commitment order indicates that the court sentenced appellant to twenty years' imprisonment for residential burglary. Therefore, upon the clerk's recalling of the mandate, this matter will be resubmitted to the previously assigned panels for rehearing.

Mandate recalled.