Cite as 2009 Ark. 286 (unpublished) ARKANSAS SUPREME COURT No. CR 09-124 Opinion Delivered May 14, 2009 JOE FRANCIS ROUNSAVILLE APPELLEE STATE’S MOTION TO Appellant DISMISS APPEAL [CIRCUIT COURT OF PULASKI COUNTY, CR 2006-964, HON. WILLARD PROCTOR, JR., v. JUDGE] STATE OF ARKANSAS Appellee MOTION GRANTED; APPEAL DISMISSED. PER CURIAM In 2006, appellant Joe Francis Rounsaville was found guilty by a jury of rape, kidnapping and third-degree domestic battering. The trial court merged the battering conviction into the felony convictions for rape and kidnapping, and appellant was sentenced to an aggregate term of 120 months’ imprisonment. We affirmed. Rounsaville v. State, 372 Ark. 252, 273 S.W.3d 486 (2008). Subsequently, appellant timely filed in the trial court a verified pro se petition for postconviction relief pursuant to Arkansas Rule of Criminal Procedure 37.1. The trial court denied the petition after conducting two hearings on the matter, and appellant has lodged a pro se appeal here from the order. Appellant was advised that his brief-in-chief was due here March 18, 2009. He has not filed a brief nor has he sought leave to file a belated brief. The appellee State now asks that
Cite as 2009 Ark. 286 (unpublished) the appeal be dismissed for appellant’s failure to pursue the appeal. The motion is granted pursuant to Arkansas Supreme Court Rule 4-5. Motion granted; appeal dismissed. -2-
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