ARKANSAS SUPREME COURT No. CR 08-1090 Opinion Delivered February 12, 2009 PRO SE APPLICATION FOR LEAVE JOHN PATRICK DICKINSON TO APPEAL [CIRCUIT COURT OF Petitioner CRAIGHEAD COUNTY, WESTERN DISTRICT, CR 2004-959, HON. DAVID BURNETT, JUDGE] v. APPLICATION TREATED AS STATE OF ARKANSAS MOTION FOR RECONSIDERATION Respondent OF MOTION FOR RULE ON CLERK AND DENIED. PER CURIAM In 2005, petitioner John Patrick Dickinson was found guilty by a jury of capital murder and attempted murder in the first degree. He was sentenced to an aggregate term of life imprisonment without parole. We affirmed. Dickinson v. State, 367 Ark. 102, 238 S.W.3d 125 (2006). Subsequently, petitioner timely filed in the trial court a pro se petition for postconviction relief pursuant to Arkansas Rule of Criminal Procedure 37.1. The petition was denied on February 20, 2008. Petitioner timely filed a notice of appeal from the order on March 12, 2008, but he did not tender the record to this court within ninety days of the date of the notice of appeal as required by Arkansas Rule of Appellate Procedure–Civil 5(a). Petitioner filed a pro se motion in this court seeking leave to lodge the record belatedly and proceed with an appeal of the February 20, 2008, order. The motion was denied. Dickinson v. State, CR 08-1090 (Ark. Nov. 20, 2008) (per curiam). On December 18, 2008, petitioner filed the instant “appliciation for leave to appeal,” in which he again seeks leave to proceed with an appeal of the
February 20, 2008, order. Inasmuch as petitioner is seeking the same relief, we treat the request as a motion for reconsideration. Petitioner raises no new claims, simply stating that he failed to perfect the appeal and asking that he be granted leave to proceed with the appeal. For the reasons set forth in our prior opinion denying relief, the motion for reconsideration is denied. Application treated as motion for reconsideration of motion for rule on clerk and denied. Brown, J., not participating. -2-
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