Gordon Keith Hoffman v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

FEBRUARY 28, 2003

GORDON KEITH HOFFMAN

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 02-683

APPEAL FROM THE CIRCUIT COURT OF PULASKI COUNTY, CR 2000-654, HONORABLE DAVID B. BOGARD, JUDGE

AFFIRMED

On January 9, 2001, an amended judgment and commitment order was entered reflecting that appellant had pled guilty to the following six offenses: (1) simultaneous possession of drugs and firearms; (2) criminal attempt to manufacture methamphetamine; (3) possession of drug paraphernalia with intent to manufacture methamphetamine; (4) theft by receiving; (5) possession of ephedrine with intent to manufacture methamphetamine; and (6) possession of a firearm by a felon. On September 25, 2001, appellant filed in the trial court a petition to correct an illegal sentence pursuant to Ark. Code Ann. § 16-90-111 (Supp. 2001), and on December 14, 2001, appellant filed a motion to amend his petition. The trial court dismissed the petition as untimely and consequently, denied the motion to amend. From that order comes this appeal.

Arkansas Rule of Criminal Procedure 37.2(c) provides in pertinent part that a petition under the rule is untimely if not filed within ninety days of the date the judgment was entered following a plea of guilty. Because appellant filed his petition well outside of the ninety-day period, he isprocedurally barred from proceeding under the rule. The time limitations imposed in Rule 37 are jurisdictional in nature; as a result, a circuit court cannot grant relief on an untimely petition. Maxwell v. State, 298 Ark. 329, 767 S.W.2d 303 (1989). Accordingly, we affirm the trial court's order dismissing appellant's petition and denying his motion to amend.

Affirmed.

Imber, J., not participating.