Opinion
CR09-315
Opinion Delivered September 17, 2009
Pro Se Motions for Extension of Time to File Appellant's Brief and for Record [Circuit Court of Pulaski County, CR 2005-2702, Hon. Herbert T. Wright, Jr., Judge]., Motion for Extension of Time Granted in Part and Denied in Part; Motion for Record Granted.
A jury found appellant Armon Houston guilty of first degree murder and sentenced him, with a sentence enhancement under Arkansas Code Annotated § 16-90-120 (Repl. 2006), to an aggregate sentence of 480 months' imprisonment in the Arkansas Department of Correction. The Arkansas Court of Appeals affirmed. Houston v. State, CACR 06-1043 (Ark. App. Jun. 13, 2007). Appellant timely filed a petition for relief under Arkansas Rule of Criminal Procedure 37.1 that was denied. Appellant lodged an appeal of that order in this court and has filed motions in which he requests an extension of time for sixty days to file his brief so that he may conclude further research and obtain a copy of, or access to, the record to prepare his brief.
Appellant's request for an extension of time to file the appellant's brief is the first such request by appellant in this appeal. We grant the motion, but not for the sixty days that appellant The appellant's brief is due here no later than forty days from the date of this opinion.
Appellant is proceeding pro se and access to the record is necessary in order to prepare his brief. We will therefore grant his request for access to the record. Our clerk is directed to provide appellant with a copy of the record, which must be returned to this court when the brief is tendered or the brief will not be filed.
Motion for extension of time granted in part and denied in part; motion for record granted.