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Cite as 2009 Ark. 585 SUPREME COURT OF ARKANSAS

LONNIE DEAN VICKERS

No. CR-09-889

APPELLANT

Opinion Delivered November 19, 2009 APPELLEE’S MOTION TO DISMISS APPEAL [CIRCUIT COURT OF GARLAND COUNTY, CR 2007-466, HON. JOHN WRIGHT, JUDGE]

V.

STATE OF ARKANSAS

APPELLEE

MOTION GRANTED; APPEAL DISMISSED.

PER CURIAM On July 1, 2009, an order was entered in the Circuit Court of Garland County dismissing a pro se petition for postconviction relief pursuant to Criminal Procedure Rule 37.1 filed by appellant Lonnie Dean Vickers. Appellant Vickers has lodged an appeal here from that order. Now before us is a motion filed by the appellee State asking that the appeal be dismissed for failure to submit a brief. Appellant was advised that his brief-in-chief was due here no later than September 15, 2009. He has not filed a brief, nor has he sought leave to file a belated brief. The appellee’s motion is granted pursuant to Arkansas Supreme Court Rule 4-5. See Morris v. Norris, 2009 Ark. 426 (per curiam). Motion granted; appeal dismissed.

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