Rafael Contreras v. State of Arkansas

ARKANSAS SUPREME COURT

No. CR 04-836

NOT DESIGNATED FOR PUBLICATION

RAFAEL CONTRERAS

Appellant

v.

STATE OF ARKANSAS

Appellee

Opinion Delivered December 16, 2004

PRO SE MOTION FOR RECONSIDERATION [CIRCUIT COURT OF PULASKI COUNTY, NO. CR 98-158, HON CHRIS PIAZZA, JUDGE]

MOTION DENIED

PER CURIAM

Rafael Contreras appealed to this court from an order denying a petition for postconviction relief filed nearly six years after he entered a plea of guilty to multiple felony offenses. The appeal was dismissed because the petition filed in the trial court was clearly untimely filed pursuant to Criminal Procedure Rule 37.2(c). Contreras v. State, CR 04-836 (Ark. October 14, 2004) (per curiam). Now before us appellant's motion for reconsideration.

The motion is denied. As we said in the original opinion, the pleading filed in the trial court, regardless of the label placed on it, was within the purview of Rule 37.1. As such, it was not timely filed. Time limitations imposed in Criminal Procedure Rule 37.2(c) 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).

Motion denied.