ARKANSAS SUPREME COURT
No. CR 06-154
NOT DESIGNATED FOR PUBLICATION
ONIS M. KELLEY
Appellant
v.
STATE OF ARKANSAS
Appellee
Opinion Delivered April 27, 2006
PRO SE PETITION FOR WRIT OF
CERTIORARI AND PRO SE MOTION FOR
EXTENSION OF TIME TO FILE BRIEF
[APPEAL FROM THE CIRCUIT COURT OF
ASHLEY COUNTY, CR 99-169-1, HON. SAM
POPE, JUDGE]
APPEAL DISMISSED; PETITION FOR WRIT
OF CERTIORARI AND MOTION FOR
EXTENSION OF TIME MOOT
PER CURIAM
A jury found appellant Onis M. Kelley guilty of rape and sentenced him to 120 months’
imprisonment. Appellant appealed the conviction and the Arkansas Court of Appeals affirmed.
Kelley v. State, CACR 00-1036 (Ark. App. June 6, 2001). In 2003, appellant filed in the trial court
a pro se petition requesting scientific testing under Act 1780 of the 2001 Acts of Arkansas, codified
as Ark. Code Ann. § 16-112-201–16-112-207 (Repl. 2006). The petition was denied on a
jurisdictional issue, and this court reversed and remanded. Kelley v. State, CR 04-233 (Ark. June
16, 2005) (per curiam). On remand, the trial court again denied the petition, ruling that the petition
did not establish grounds for relief under Act 1780. Acting pro se, appellant has lodged an appeal
of that order in this court, and now before us are his pro se petition for writ of certiorari and pro se
motion for extension of time to file appellant’s brief.
Appellant’s petition for writ of certiorari points out that his petition for relief under Act 1780
was not included in the record. Ordinarily, we would grant the writ because the petition for Act 1780
relief is relevant to the appeal. However, that petition is contained in the record from appellant’s
previous appeal in this matter, and as a public record filed with this court, that record need not be
incorporated to form a part of the record before us. As with the record from appellant’s direct
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appeal, this court takes notice of the record in appellant’s first appeal of the denial of relief under Act
1780. See Drymon v. State, 327 Ark. 375, 938 S.W