Opinion
No. CR-09-609
06-20-2013
HUTSON BURKS PETITIONER v. STATE OF ARKANSAS RESPONDENT
Hutson Burks, pro se petitioner. Dustin McDaniel, Att'y Gen., by: Valerie Glover Fortner, Ass't Att'y Gen., for respondent.
PRO SE PETITION FOR REHEARING
[PULASKI COUNTY CIRCUIT COURT,
60CR-07-598]
PETITION TREATED AS MOTION
FOR RECONSIDERATION OF
DISMISSAL OF PETITION AND
DENIED.
PER CURIAM
On May 2, 2013, we granted the State's motion to dismiss a pro se petition filed by petitioner Hutson Burks in which petitioner sought leave to proceed in the circuit court with a petition for writ of error coram nobis in his criminal case. Burks v. State, 2013 Ark. 188 (per curiam). Petitioner subsequently filed the instant petition for rehearing. Because it challenges this court's dismissal of the appeal and was timely tendered with respect to the dismissal of the appeal, it is properly treated as a motion for reconsideration of the dismissal of appeal as there was no affirmance of an order or judgment in the case. See Sherman v. Norris, 2009 Ark. 470 (per curiam).
In the pleading, petitioner raises essentially the same arguments for issuance of a writ of error coram nobis that were contained in the petition that this court dismissed. Those claims have already been considered and determined to not state a ground to warrant the writ. A request for rehearing or reconsideration should, pursuant to Arkansas Supreme Court Rule 2-3(g) (2012), call attention to specific errors of law or fact that the opinion is thought to contain. See MacKool v. State, 2012 Ark. 341 (per curiam); see also Fields v. State, 2013 Ark. 117 (per curiam). Petitioner has not established that there was any error of law or fact in the opinion or given any other cause for reconsideration of the decision to dismiss the petition.
Petition treated as motion for reconsideration of dismissal of petition and denied.
Hutson Burks, pro se petitioner.
Dustin McDaniel, Att'y Gen., by: Valerie Glover Fortner, Ass't Att'y Gen., for respondent.