ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

September 18, 2003

MICHAEL DILWORTH

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 02-1016

PRO SE MOTION TO EXPEDITE APPEAL [CIRCUIT COURT OF PULASKI COUNTY, NO. CR 97-2897]

MOTION DENIED

Per Curiam

An appeal has been lodged here from an order that denied a petition for relief pursuant to Criminal Procedure Rule 37.1 filed by Michael Dilworth. Dilworth, who is represented by counsel on the appeal, now asks by pro se motion that the appeal be expedited. Appellant's attorney has not joined in the motion.

The motion is denied. Appellant asserts that the appeal should be expedited because it has been pending for over a year. The assertion alone is not sufficient to show that there is good cause for this appeal to be heard before other postconviction appeals also pending. Moreover, an appellant who has accepted counsel, either by retaining an attorney or by having one appointed, is not entitled to be heard by himself and counsel on appeal. See Monts v. Lessenberry, 305 Ark. 202, 806 S.W.2d 379 (1991).

Motion denied.

Thornton, J., not participating.