Henry A. HARMON, Appellant
v.
STATE of Arkansas, Appellee
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APPEAL
FROM THE PULASKI COUNTY CIRCUIT COURT, FIRST DIVISION [NO.
60CR-12-515], HONORABLE LEON JOHNSON, JUDGE
Henry
Harmon, pro se appellant.
Leslie
Rutledge, Atty Gen., by: Adam Jackson, Asst Atty Gen., for
appellee.
OPINION
ROBERT
J. GLADWIN, Judge
Henry
A. Harmon appeals the Pulaski County Circuit Courts order
denying his petition for postconviction relief pursuant to
Rule 37.1 of the Arkansas Rules of Criminal Procedure (2018).
Harmon argues in five points on appeal that his trial counsel
was ineffective and that the circuit court erred in its
rulings. We affirm.
I.
Procedural History
Harmon
was convicted in the Pulaski County Circuit Court of
first-degree murder, two counts of aggravated robbery, and
aggravated assault and was sentenced to a total of 105 years
imprisonment. He appealed, and this court affirmed his
conviction. See Harmon v. State, 2014
Ark.App. 70, 2014 WL 333497. Harmon filed a petition for
review with the Arkansas Supreme Court, which granted the
petition, vacated this courts opinion, reversed, and
remanded to the circuit court, holding that the circuit court
had abused its discretion by excluding DNA evidence.
See Harmon v. State, 2014 Ark. 391, 441
S.W.3d 891.
Harmon
was tried again on December 8-9, 2015, but it ended in a
mistrial. On March 8, 2017, Harmon entered into a negotiated
plea in which he pled guilty to amended charges of
manslaughter and
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robbery and received consecutive sentences of five years and
forty years imprisonment, respectively. He filed a timely
pro se petition for postconviction relief under Rule 37,
arguing that he had received ineffective assistance of
counsel. After a hearing, the circuit court filed an order on
May 29, 2018, in ...