ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

KIRK LUSTER

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR96-609

January 21, 2004

APPELLANT'S PRO SE MOTION FOR CORRECTED OPINION AND MANDATE AND MOTION FOR BELATED RULE 37 APPEAL

ORDER

Per Curiam

On April 30, 1997, this court handed down an opinion affirming appellant's conviction for possession of a controlled substance with intent to deliver. The opinion and subsequent mandate both referenced the wrong trial court case number. Appellant has brought these clerical errors to our attention and requests that they be corrected. Appellant also seeks permission to proceed with a belated appeal of the trial court's 1998 denial of appellant's petition for post-conviction relief under Ark. R. Crim. P. 37.

The Clerk of the Arkansas Court of Appeals is directed to correct the face of the opinion and mandate previously issued in this case, nunc pro tunc, so as to reflect the correct Clark County Circuit Court case number, namely CR-95-159.

Appellant's motion for a belated Rule 37 appeal is certified to the Arkansas Supreme Court.