ARKANSAS SUPREME COURT No. CR 08-1297 Opinion Delivered March 12, 2009 PRO SE MOTION TO WITHDRAW JAMES AARON MILLER APPEALS [CIRCUIT COURT OF Appellant SEBASTIAN COUNTY, FORT SMITH DISTRICT, CR 2006-1529, HON. JAMES O. COX, JUDGE] v. STATE OF ARKANSAS MOTION MOOT. Appellee PER CURIAM Appellant James Aaron Miller was convicted of capital murder and sentenced to death. Following procedure under Arkansas Rule of Appellate Procedure–Criminal 10, counsel for appellant lodged an automatic appeal for the mandatory review required by this court. Appellant, proceeding pro se, has filed a motion to withdraw “all appeals on death penalty conviction.” 1 Because review is mandated by the rule, even though a convicted defendant in a capital case may desire to waive his personal right to appeal, the appellate review of the case must proceed. Newman v. State, 350 Ark. 51, 84 S.W.3d 443 (2002) (per curiam). For that reason, any motion to waive the appeal is therefore moot. Id. Motion moot. 1 At this time, no other appeal is pending.
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