Coy Jackson v. State of Arkansas

ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

DIVISION III

COY JACKSON

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR05-170

November 30, 2005

APPEAL FROM THE MILLER COUNTY CIRCUIT COURT

[CR-2003-252-3A]

HON. KIRK DOUGLAS JOHNSON, CIRCUIT JUDGE

DISMISSED

Larry D. Vaught, Judge

Appellant Coy Jackson entered a conditional plea of guilty to possession with intent to deliver after the circuit court denied his motion to suppress evidence seized from a car in which he had been a passenger. He was sentenced to a twenty-five-year term of imprisonment in the Arkansas Department of Correction and a suspended fine of $1000. On appeal, Jackson argues that the evidence should be suppressed because the police conducted an illegal search of his vehicle.

Jackson's notice of appeal states that he "gives notice of his appeal pursuant to the conditional plea of nole contedere entered in the Miller County Circuit Court on November 1, 2004." However the judgment and commitment order was filed on December 17, 2004, and is not included in Jackson's addendum or referenced in his notice of appeal. As recently stated by our supreme court in Hill v. State, ___ Ark. ___, ___, ___ S.W.3d ___, ___ (Oct. 13, 2005), "criminal defendants desiring to appeal adverse rulings must appeal from the judgment of conviction." (Emphasis added.) In fact, Rule 24.3(b) states that a defendant may enter a conditional plea of guilty "reserving in writing the right, on appeal from the judgment, to review an adverse determination of a pretrial motion to suppress evidence ...." Ark. R. Crim. P. 24.3(b) (emphasis added).

Here, because Jackson appealed from the order of conditional plea rather than the judgment, we do not have jurisdiction to decide this case and dismiss the appeal.

Dismissed.

Glover and Neal, JJ., agree.