ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

January 22, 2004

BILLY JOE CAMPBELL

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 03-570

PRO SE MOTION FOR LEAVE TO FILE A BELATED SUPPLEMENTAL RECORD [CIRCUIT COURT OF CLARK COUNTY, NO. CR 2001-80, HON. JOHN THOMAS, JUDGE]

MOTION GRANTED IN PART AND DENIED IN PART

Per Curiam

Billy Joe Campbell entered a plea of guilty to multiple felony charges in 2002 and was sentenced to an aggregate term of 600 months' imprisonment. Campbell subsequently filed in the trial court a timely petition for postconviction relief pursuant to Rule 37.1 challenging the judgment. The trial court denied the petition, and Campbell has appealed to this court.

On September 4, 2003, we granted the appellee's motion asking that appellant be directed to comply with Ark. Sup. Ct. R. 4-2 (a)(5). We further directed that appellant provide no later than October 6, 2003, a certified supplemental record of the change-of-plea proceeding held in circuit court in his case. Appellant did not submit the supplemental record and on November 17, 2003, he filed the instant motion asking to be permitted to submit it belatedly. He contends that the circuit clerk has informed him that the cost of the supplemental record is $254, an amount he does not have because he is incarcerated and indigent. He also asks that in addition to granting him leave to submit the record belatedly that this court grant him leave to proceed in forma pauperis, by which it may be assumed he desires an order from this court directing the clerk to provide the record to him at public expense.

The motion is granted in part and denied in part. The time to submit the supplemental record is extended to thirty days from the date of this opinion. The request that this court permit appellant to proceed as an indigent so that the supplemental record will be provided at no cost to him is denied. Appellant did not submit an affidavit of indigency in support of his request to proceed in forma pauperis as required by Ark. Sup. Ct. R. 6-6(b). If appellant desires to file a second motion to proceed in forma pauperis, it is incumbent on him to do so before the thirty days to provide the record has elapsed with an affidavit of indigency appended.

Motion granted in part and denied in part.