ARKANSAS SUPREME COURT
No. CR 06-918
NOT DESIGNATED FOR PUBLICATION
JIMMY RAY PELFREY
STATE OF ARKANSAS
Opinion Delivered December 7, 2006
PRO SE MOTIONS FOR RULE ON
CLERK TO FILE A BELATED BRIEF
AND FOR DUPLICATION OF
APPELLANT’S BRIEF AT PUBLIC
EXPENSE [CIRCUIT COURT OF
CRAWFORD COUNTY, CR 2004-300,
HON. GARY RAY COTTRELL,
APPEAL DISMISSED; MOTIONS
Jimmy Ray Pelfrey entered a plea of guilty to possession of drug paraphernalia with intent
to manufacture a controlled substance, methamphetamine. The trial court imposed a sentence of 180
months’ imprisonment in the Arkansas Department of Correction and suspended imposition of 108
months’ of the sentence.
Subsequently, appellant timely filed in the trial court a pro se petition for postconviction
relief pursuant to Ark. Code Ann. §16-90-111 (Repl. 2006), seeking reduction of his sentence.
Additionally, appellant timely filed a pro se petition pursuant to Ark. R. Crim. P. 37.1 claiming
ineffective assistance of counsel. After a hearing, the trial court denied appellant’s “Petition for
Postconviction Relief.” This order did not identify the petition for postconviction relief by name,
although both petitions concerned appellant’s argument regarding parole eligibility and the seventy-
On the same day he filed a notice of appeal, appellant also filed a second petition for
reduction of sentence under section 16-90-111. The trial court later denied the second petition
under section 16-90-111. The second order is not the subject of the instant appeal.
percent rule but the petitions sought different remedies. Appellant has lodged an appeal from the
trial court’s order.
Now before us is appellant’s pro se motion for rule on clerk, which we treat as a motion for
belated brief. Appellant’s brief was due on September 26, 2006. On September 22, 2006, appellant
tendered one copy of his pro se brief and a pro se motion to duplicate the brief at public expense to
this court. The brief was re