ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION
September 25, 2003

DOUG RAY KING

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 03-405

PRO SE MOTION TO SUBSTITUTE RECORD, FOR ACCESS TO RECORD, AND FOR EXTENSION OF TIME TO FILE BRIEF [CIRCUIT COURT OF ARKANSAS COUNTY, NORTHERN DISTRICT, CR 99-43]

MOTION GRANTED

Per Curiam

In 2000, Doug Ray King was found guilty by a jury of multiple felony offenses for which an aggregate term of 1,440 months' imprisonment was imposed. A fine of $95,000 was also imposed. The court of appeals affirmed. King v. State, CACR 01-327 (Ark. App. February 20, 2002).

King subsequently filed in the trial court a timely petition pursuant to Criminal Procedure Rule 37.1 seeking to vacate the judgment. The petition was denied, and appellant King lodged the record on appeal from the order in this court. Shortly after he lodged the record, the circuit clerk tendered a more complete record. Appellant King, who is in the custody of the Arkansas Department of Correction and proceeding pro se, now seeks to substitute the record tendered by the clerk for the record he lodged. He also asks that he be afforded access to the record to prepare his brief and an extension of time to file the brief.

The motion is granted. Our clerk is directed to lodge the more complete record tendered by the circuit clerk and set a new briefing schedule for the appeal. As an appellant must abstract the record on appeal in the appellant's brief-in-chief, we further direct our clerk to provide appellant with a copy of the substituted record, which appellant must return when he files his brief.

Motion granted.

Thornton, J., not participating.