ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

OCTOBER 30, 2003

MICHAEL GLENN PICKENS

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 03-695

PRO SE MOTION TO FILE A BELATED BRIEF [CIRCUIT COURT OF HOT SPRING COUNTY, NO. CR 2001-10-2]

MOTION GRANTED

Per Curiam

In 2001, Michael Glenn Pickens was found guilty by a jury of rape and sentenced to life imprisonment. We affirmed. Pickens v. State, 347 Ark. 904, 69 S.W.3d 10 (2002). Pickens 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 the record on appeal from the order has been lodged here.

Appellant, who is proceeding pro se, tendered the appellant's brief two days after it was due to be filed. It was returned to him because it was late and also because it was not in proper form. He now seeks leave to file a belated brief. As grounds for the motion, appellant contends that his incarceration made it difficult to tender a timely brief. He has appended to the motion correspondence between him and prison officials regarding delays in having the brief typed.

As appellant has requested no other extensions of time in this appeal, the motion is granted. Appellant must tender within thirty days of the date of this opinion a brief that conforms to the rulesof this court.

Motion granted.