ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

February 19, 2004

STEVEN L. PINDER

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 02-1289

PRO SE MOTION TO SUPPLEMENT RECORD ON APPEAL [CIRCUIT COURT OF COLUMBIA COUNTY, CR 2002-30]

MOTION DENIED

Per Curiam

Steven L. Pinder was found guilty by a jury of two counts of rape and sentenced to two concurrent life sentences. The judgment of conviction is on appeal to this court. Appellant Pinder, who is represented by counsel on appeal, seeks by pro se motion to have the record on appeal supplemented.

The motion is denied. It is well settled that an appellant is not entitled to accept representation by counsel while also proceeding pro se in some manner. See Monts v. Lessenberry, 305 Ark. 202, 806 S.W.2d 379 (1991). Indeed, this court has held that we "will not tolerate a situation wherein an appellant competes with his attorney to be heard in an appeal." Franklin v. State, 327 Ark. 537, 539, 939 S.W.2d 836, 837 (1997).

Counsel has been appointed for the appellant and he has accepted that representation. Appellant has not demonstrated that he should be permitted to accept appointment of counsel in this appeal and also file motions. If counsel deems it necessary to ask that the record be supplemented in some fashion, counsel may file a motion for that relief.

Motion denied.