ARKANSAS SUPREME COURT
No. CR 06-694
A/K/A JAMES MOSLEY, JR.
STATE OF ARKANSAS
Opinion Delivered June 7, 2007
PRO SE APPEAL FROM THE CIRCUIT
COURT OF CRITTENDEN COUNTY,
CR 98-774, CR 2005-334, HON. RALPH
EDWIN WILSON, JR., JUDGE
In 1998, appellant James Mosley, also known as James Mosley, Jr., entered a plea of guilty
in Case Number CR 98-774 to possession of a controlled substance with intent to sell or deliver,
pursuant to Ark. Code Ann. §5-64-401 (Repl. 1997). He was sentenced to 180 months’ suspended
imposition of sentence on that charge. In 2006, appellant entered a plea of guilty to revocation of
the suspended sentence, and was sentenced to 216 months’ imprisonment. Also in 2006, appellant
entered a plea of guilty in Case Number CR 2005-334 to possession of a controlled substance with
intent to sell or deliver, pursuant to section 5-64-401. He was sentenced to 120 months’ suspended
imposition of sentence on that charge.
Appellant timely filed in the trial court a properly verified pro se petition for postconviction
relief pursuant to Ark. R. Crim. P. 37. 1, challenging the judgments in CR 98-774 and CR 2005-334.
The trial court denied the Rule 37.1 petition without a hearing, and appellant, proceeding pro se, has
lodged an appeal here from that order.
We do not reverse a denial of postconviction relief unless the trial court’s findings are clearly
The “plea bargaining issues” caption contained in appellant’ brief-in-chief appears to
involve claims of an involuntary guilty plea based upon ineffective assistance of counsel. These
issues are addressed below in the context of all of appellant’s allegations of ineffective
erroneous. Greene v. State, 356 Ark. 59, 146 S.W.3d 871 (2004). A finding is clearly erroneous
when, although there was evidence to support it, the appellate court after reviewing the entire
evidence is left with the definite and firm conviction that a mistake has been committed. Flores v.