ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

February 5, 2004

FREDERICK PENNINGTON

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 03-1039

PRO SE MOTION FOR RECONSIDERATION OF MOTION FOR BELATED APPEAL OF ORDERS [CIRCUIT COURT OF PULASKI COUNTY, NO. CR 77-1933, CR 77-1934, CR 77-1393, HON. JOHN LANGSTON, JUDGE]

MOTION FOR RECONSIDERATION DENIED

Per Curiam

In 1978, Frederick Pennington pleaded guilty to capital felony murder, first degree battery, and multiple counts of aggravated robbery. An aggregate sentence of life imprisonment was imposed.

In 2003, Pennington filed a series of pro se pleadings in the trial court, all of which were denied in three orders entered April 14, 2003. Before the orders were entered, petitioner Pennington had filed a notice of appeal on March 26, 2003, in which he said that he was appealing an order entered March 5, 2003. When the appeal record was tendered to this court, there was no order entered on March 5, 2003, contained in it, and there was no notice of appeal from the April 14, 2003, orders.

When the record was received here, our clerk correctly declined to lodge it because the only notice of appeal contained in it did not correspond to any order contained in the record. Petitioner Pennington subsequently filed a motion for belated appeal, contending that he mailed a notice of appeal from the April 14, 2003, orders but it was not received by the circuit clerk. In effect, he contended that it was the clerk rather than he who failed to perfect the appeal. The motion was denied. Pennington v. State, CR 03-1039 (Ark. November 20, 2003).

Petitioner now asks that we reconsider his motion for belated appeal. He reiterates the grounds raised in the original motion in addition to raising many of the claims which were raised in the trial court in the series of pro se pleadings which were denied in the three orders entered April 14, 2003.

The motion for reconsideration is denied. We need not reiterate the grounds for denying the original motion which were set out at length in our prior opinion. It will suffice to say that petitioner failed to state a good cause to grant a belated appeal, and there is no good cause stated in the instant motion for reconsideration.

Motion for reconsideration denied.