ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION
SEPTEMBER 11, 2003

RUSSELL BERGER

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 02-350

PRO SE MOTION TO EXPEDITE APPEAL [CIRCUIT COURT OF FAULKNER COUNTY, NO. CR 98-499]

MOTION DENIED

Per Curiam

Russell Berger, who is in the custody of the Arkansas Department of Correction by virtue of multiple felony convictions, has lodged an appeal in this court from an order that denied relief pursuant to Criminal Procedure Rule 37.1. He now asks that the appeal be expedited.

The motion is denied. The appeal in this matter has been protracted because it was necessary to remand to the trial court for written findings of fact and conclusions of law on certain points. Berger v. State, CR 02-350 (Ark. February 28, 2003). Appellant has not shown that there has been an unreasonable delay in the progress of the appeal or that there is other good cause for this appeal to be heard before other postconviction appeals also pending.

Motion denied.

Thornton, J., not participating.