1 Trial counsel filed an appeal brief pursuant to Anders v. California, 386 U.S. 738 (1967)
and Arkansas Supreme Court Rule 43(j)(1), wherein counsel maintained that the appeal had no
merit and addressed all rulings adverse to appellant. Appellant additionally filed points for
reversal pursuant to Ark. Sup. Ct. R. 43(j)(2) that contained allegations of ineffective assistance
of counsel, mental illness and illegal sentencing.
ARKANSAS SUPREME COURT
No. CR 07742
GARY LASHAWN HAYWOOD
Appellant
v.
STATE OF ARKANSAS
Appellee
Opinion Delivered
January 10, 2008
PRO SE APPEAL FROM THE CIRCUIT
COURT OF GARLAND COUNTY, CR
20015, HON. MARCIA
HERNSBERGER, JUDGE
APPEAL TREATED AS PETITION TO
REINVEST JURISDICTION IN THE
TRIAL COURT TO CONSIDER A
PETITION FOR WRIT OF ERROR
CORAM NOBIS AND DENIED.
PER CURIAM
In 2001, appellant GaryLaShawnHaywood entered a plea of guilty to attempted firstdegree
murder and firstdegree murder. He was sentenced by a jury to an aggregate term of life
imprisonment without parole and fined $15,000 on the charge of attempted firstdegree murder.
While there is no appeal from a plea of guilty, a convicted defendant can appeal sentencing by a jury.
Appellant did so and we affirmed. 1 Haywood v. State, CR 02120 (Ark. Oct. 24, 2002) (per curiam).
In 2007, appellant filed in the trial court a pro se petition for writ of error coram nobis. The trial
court denied the petition and appellant has lodged an appeal here from that order.
We first note that appellant failed to conform to the prevailing rules of procedure in that he
did not seek leave from this court before filing the petition for writ of error coram nobis in the trial
2 Ordinarily, where a judgment of conviction was entered on a plea of guilty or nolo
contendere, a petition for writ of error coram nobis is filed directly in the trial court. Dansby,
supra. Here, however, appellant appealed from the jury sentence as noted above.
2
court. The petition for leave to proceed in the trial c