ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION
October 2, 2003

RUSSELL BERGER

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 02-350

PRO SE MOTION TO ADDRESS POINTS IN TRIAL COURT'S WRITTEN FINDINGS; PRO SE MOTION TO INCLUDE AUTHORITIES; APPEAL FROM THE CIRCUIT COURT OF FAULKNER COUNTY, NO. CR 98-499, HONORABLE DAVID LEE REYNOLDS, JUDGE

REMANDED

Per Curiam

Appellant was convicted of two counts of rape of a five-year old boy and sentenced to two consecutive life sentences. We affirmed on direct appeal. See Berger v. State, 343 Ark. 413, 36 S.W.3d 286 (2001). Appellant subsequently filed a petition and several amended petitions for postconviction relief pursuant to Ark. R. Crim. P. 37. In denying relief, the trial court concluded that appellant's allegations were "conclusory" and "unsupported by facts." On appeal, we denied some of appellant's claims and directed the trial court on remand to submit written findings of fact and conclusions of law on appellant's double-jeopardy claim and four claims of ineffective assistance of counsel. See Berger v. State, CR 02-350 (Ark. Feb. 28, 2003). The trial court submitted its written findings; however, it did not address appellant's claim of double jeopardy as directed by this court. Accordingly, the trial court has forty-five days from this date to comply with our original opinion and submit sufficient written findings of fact and conclusions of law.

Appellant has filed a motion to address points in the trial court's written findings and a motion asking that we consider various legal authorities with respect to his claim of double jeopardy.

However, we will reserve our rulings on appellant's motions until the trial court complies with our orders on remand.

Remanded.

Thornton, J., not participating.