ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

December 4, 2003

SAMUEL J. WEST, JR.

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 03-987

PRO SE PETITION FOR WRIT OF CERTIORARI TO COMPLETE THE RECORD and MOTION FOR EXTENSION OF TIME TO FILE BRIEF [CIRCUIT COURT OF SALINE COUNTY, CR 99-565-3, HON. GRISHAM PHILLIPS, JUDGE]

PETITION MOOT; MOTION GRANTED

Per Curiam

Samuel J. West, Jr. was found guilty by a jury of aggravated robbery and theft of property for which an aggregate term of 600 months' imprisonment was imposed. The court of appeals affirmed. West v. State, CACR 00-987 (Ark. App. May 16, 2001).

West 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 West now asks that a writ of certiorari be issued to bring up the transcript of the voir dire of the jury panel so that he can discuss in his brief issues relating to the voir dire which were raised in the Rule 37.1 petition. He further asks that an extension of time to file the brief be granted.

The transcript of the voir dire of the jury panel was included in the record lodged on direct appeal. The transcript of a trial which has been lodged in the appellate court on direct appeal of the judgment is a public record. As such, a pleading seeking to incorporate it into the record in a postconviction appeal which stems from the same judgment of conviction is not necessary. Drymon v. State, 327 Ark. 375, 938 S.W.2d 825 (1997). As the voir dire is present in the direct appeal transcript, the petition for writ of certiorari is moot.

The motion for extension of time, which is the first such motion filed by appellant in this appeal, is granted. The time to file the appellant's brief is extended to forty days from the date of this opinion.

Petition moot; motion granted.