ARK.] BENSON V. STATE 197 Cite as 291 Ark. 197 (1987) Lawrence Edward BENSON v. STATE of Arkansas CR 87-3 723 S.W.2d 373 Supreme Court of Arkansas Opinion delivered February 9, 1987 PER CURIAM. Petition for Review is denied. HICKMAN, J., concurs. DARRELL HICKMAN, Justice, concurring. We can do nothing but deny this petition. This is the companion case to Trotter v. State, 290 Ark. 269, 719 S.W.2d 268 (1986). In Trotter a majority reduced the charge on a basis not even argued by the appellant. The court of appeals had no choice except to follow suit.
Bobby FRUIT v. A.L. LOCKHART, Director ARKANSAS
DEPARTMENT OF CORRECTION 86-285 723 S.W.2d 372 Supreme Court' of Arkansas
Opinion delivered February 9, 1987 PER CURIAM. Appellant's petition for Writ of Certiorari is denied. PURTLE, J ., dissents. JOHN I. PURTLE, Justice, dissenting. I believe the petition for a writ of certiorari should be treated as a request for Rule 37 relief. In Walker v. State, 283 Ark. 339, 676 S.W.2d 460 (1984), we said: "Post-conviction petitions which raise grounds for relief cognizable under Rule 37 are considered petitions to proceed under Rule 37, regardless of the label given them by the petitioner." On the other hand, if this is not a petition for Rule 37 relief, then we have denied the petitioner the right to appeal from the adverse ruling of the trial court. I would send the petition to the Crittenden County Circuit Court for consideration since that is the court where the guilty plea was entered.
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