ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION
 

DECEMBER 18, 2003

MICHAEL JACKSON

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 03-593

PRO SE MOTION FOR RECONSIDERATION [CIRCUIT COURT OF MISSISSIPPI COUNTY, CR 98-281, HON. JOHN N. FOGLEMAN, JUDGE]

MOTION DISMISSED

Per Curiam

Michael Jackson was convicted in 1999 of first-degree battery and sentenced to a term of 240 months' imprisonment. The court of appeals affirmed. Jackson v. State, CACR 99-325 (Ark. App. November 3, 1999).

Jackson subsequently filed in the trial court a petition for postconviction relief pursuant to Criminal Procedure Rule 37.1, which was denied. Jackson appealed here, and we dismissed the appeal on the ground that the postconviction petition was not timely filed. Jackson v. State, CR 00-1383 (December 12, 2002) (per curiam).

In 2003, Jackson filed another collateral attack on the judgment in the trial court which he labeled "petition for declaratory judgment and mandamus relief conjoined." The court denied the petition, and Jackson appealed to this court from the order. Because we concluded that appellant Jackson could not be successful on appeal, the appeal was dismissed. Jackson v. State, CR 03-593 (Ark. October 30, 2003). Appellant Jackson now asks that we reconsider the matter.

We need not reiterate the grounds for the dismissal of the appeal which were set out in our opinion. It will suffice to say that the petition filed in the trial court was untimely and appellant was entitled to no relief. As a result, he could not have mounted a successful appeal from the order.

Motion dismissed.