At trial, the State requested a nolle prosequi as to Count 3, terroristic threatening.
1
ARKANSAS SUPREME COURT
No. CR 06-1458
NOT DESIGNATED FOR PUBLICATION
STEVIE TURNER
Appellant
v.
STATE OF ARKANSAS
Appellee
Opinion Delivered February 8, 2007
PRO SE MOTION FOR EXTENSION
OF TIME TO FILE APPELLANT’S
BRIEF AND PETITION FOR WRIT OF
CERTIORARI TO COMPLETE THE
RECORD [CIRCUIT COURT OF
FAULKNER COUNTY, CR 2004-2402,
HON. MICHAEL A. MAGGIO, JUDGE]
APPEAL DISMISSED; MOTION AND
PETITION MOOT.
PER CURIAM
In 2004, Stevie Turner was found guilty of breaking or entering, first-degree terroristic
threatening, and aggravated robbery, and sentenced by the court as a habitual offender to 120
months’ imprisonment on each charge to be served concurrently. The Arkansas Court of Appeals
1
affirmed. Turner v. State, CACR 05-645 (Ark. App. June 28, 2006). Subsequently, appellant timely
filed in the trial court a pro se petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1.
The trial court denied the petition and appellant, proceeding pro se, lodged an appeal here from the
order.
Now before us is appellant’s pro se motion for extension of time to file appellant’s brief and
petition for writ of certiorari to complete the record on appeal. We need not consider the motion
or petition as it is apparent that appellant could not prevail in this appeal if it were permitted to go
forward. Accordingly, we dismiss the appeal and hold the motion and petition moot. This court has
The trial court noted in its order that appellant filed his petition, an amended petition and
2
a motion for leave to file an amended petition all on the same day. The court believed that
appellant did so in order to avoid the ten-page limitation for Rule 37.1 petitions and stated that
the petition should be dismissed for this procedural violation. However, the trial court’s order
also addressed the issues set forth in the original petition and the amended petition.
Although appellant’s amended petition appears to be divided