ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

December 4, 2003

RUSSELL BERGER

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 02-350

PRO SE MOTION TO SUPPLEMENT THE RECORD; PRO SE MOTION TO CONSIDER AUTHORITIES (AMENDED)

[CIRCUIT COURT OF FAULKNER COUNTY, NO. CR 98-499, HONORABLE DAVID LEE REYNOLDS, JUDGE ]

MOTIONS MOOT

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. The case was again remanded for findings of fact and conclusions of law regarding the double-jeopardy claim, see Berger v. State, CR 02-350 (Ark. Oct. 2, 2003), and the trial court complied.

Appellant has filed the following motions: (1) a motion to supplement the record with a copy of a motion to consider controlling authorities for his double-jeopardy claim and (2) an amended motion to consider authorities. Following submission by the trial court of its further findings of fact and conclusions of law, appellant was advised that he may submit a supplemental appellant's briefaddressing the additional findings no later than December 8, 2003. Appellant has until this date to submit his brief and may include whatever authorities he desires.

Motions moot.