Opinion
CR 09-545
Opinion Delivered September 24, 2009
Pro Se Petition for Review and Motion for Release on Bond [Circuit Court of Miller County, CR 99-31, Hon. Kirk D. Johnson, Judge] Petition Dismissed; Motion Moot.
The petitioner, Richard Donnell George, appealed an order revoking his probation to the Arkansas Court of Appeals. The court of appeals affirmed the judgment. George v. State, 2009 Ark. App. 299, 2009 WL 1086471 (unpublished). Petitioner has now filed in this court a pro se petition for review of the decision by the court of appeals. After filing his petition, petitioner filed a pro se motion requesting release on bond during the continuation of his appeal.
We do not reach the merits of the petition because petitioner filed the petition proceeding pro se, even though he was represented by counsel on appeal. We do not allow a petitioner to substitute his judgment, concerning whether and how to request a petition for review, for that of his attorney. Brewer v. State, 371 Ark. 532, 268 S.W.3d 332 (2007) (per curiam). Accordingly, we dismiss the petition without further consideration. Petitioner's motion for bond is therefore moot.
Petition dismissed; motion moot.