Anthony D. Clark v. State of Arkansas

ARKANSAS SUPREME COURT

No. CR 04-997

NOT DESIGNATED FOR PUBLICATION

ANTHONY D. CLARK

Petitioner

VS.

STATE OF ARKANSAS

Respondent

Opinion Delivered November 11, 2004

PRO SE MOTION FOR BELATED APPEAL OF JUDGMENT [CIRCUIT COURT OF JEFFERSON COUNTY, CR 99-527, CR 939, CR 2001-234, CR 2001-571, HON. FRED D. DAVIS, JUDGE]

MOTION DISMISSED

PER CURIAM

On September 20, 2002, judgment was entered reflecting that Anthony D. Clark had entered a plea of guilty to six felony offenses and his term of probation had been revoked. Clark was sentenced to serve an aggregate term of 120 months' imprisonment. No appeal was taken from the revocation of probation, and Clark now seeks leave to proceed with a belated appeal.

It is not clear from the motion whether petitioner is desiring to appeal from the judgment entered on the plea of guilty or the revocation order, but in any event, we need not examine the merits of the motion further because it was not timely filed. An untimely motion for belated appeal is subject to dismissal. Hayes v. State, 328 Ark. 95, 940 S.W.2d 886 (1997)(per curiam).

Petitioner filed the motion for belated appeal on September 22, 2004. Belated appeals in criminal cases are governed by Rule 2(e) of the Rules of Appellate Procedure--Criminal. The rule provides in pertinent part that "no motion for belated appeal shall be entertained by the Supreme Court unless application has been made to the Supreme Court within eighteen (18) months of the date of entry of judgment...." Petitioner filed the motion here twenty-four months after the September 20, 2002, judgment was entered. It is incumbent on a petitioner to file the motion in a timely manner if the petitioner desires this court to consider whether to permit a belated appeal. Hayes, supra.

Motion dismissed.