Shawn Watkins v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

October 9, 2003

SHAWN WATKINS

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 03-636

PRO SE PETITION FOR WRIT OF CERTIORARI [CIRCUIT COURT OF CRITTENDEN COUNTY, NO. CR 92-378, 392, 393, HON. DAVID N. LASER, JUDGE]

PETITION MOOT; APPEAL DISMISSED

Per Curiam

In 1997, Shawn Watkins was found guilty of aggravated robbery, possession of a controlled substance, and aggravated assault. An aggregate sentence of 300 months' imprisonment was imposed. The court of appeals affirmed. Watkins v. State, CACR 98-160 (Ark. App. December 9, 1998). The court's mandate was issued on December 29, 1998.

On April 7, 2003, more than four years after the mandate was issued, Watkins filed in the trial court a petition for postconviction relief pursuant to Criminal Procedure Rule 37.2(e). The petition was denied, and Watkins has lodged an appeal of the order in this court.

Now before us is appellant Watkins's petition for writ of certiorari seeking an order to complete the record on appeal. We declare the petition moot and dismiss the appeal because the Rule 37 petition filed in the trial court was untimely, and thus appellant was procedurally barred

from proceeding under the rule.1 This court has consistently held that an appeal of the denial of postconviction relief will not be permitted to go forward where it is clear that the appellant could not prevail. Seaton v. State, 324 Ark. 236, 920 S.W.2d 13 (1996); Harris v. State, 318 Ark. 599, 887 S.W.2d 514 (1994); Reed v. State, 317 Ark. 286, 878 S.W.2d 376 (1994); see Chambers v. State, 304 Ark. 663, 803 S.W.2d 932 (1991); Johnson v. State, 303 Ark. 560, 798 S.W.2d 108 (1990); Williams v. State, 293 Ark. 73, 732 S.W.2d 456 (1987).

Criminal Procedure Rule 37.2 (c) provides in pertinent part that a petition under the rule is untimely if not filed within sixty days of the date the mandate was issued upon affirmance of the judgment. As stated, appellant did not file his petition under the rule until more than four years after the mandate was issued. Time limitations imposed in Criminal Procedure Rule 37 are jurisdictional in nature, and a circuit court cannot grant relief on an untimely petition. Benton v. State, 325 Ark. 246, 925 S.W.2d 401 (1996); Hamilton v. State, 323 Ark. 614, 918 S.W.2d 113 (1996); Harris v. State, 318 Ark. 599, 887 S.W.2d 514 (1994); Maxwell v. State, 298 Ark. 329, 767 S.W.2d 303 (1989).

Petition moot; appeal dismissed.

1 Appellant has also filed a motion for extension of time to file a brief. That motion is also moot.