Jesse Dewayne Wickliffe v. State of Arkansas

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Jesse Dewayne WICKLIFFE v. STATE of Arkansas

TEN 96-108                                         ___ S.W.2d ___

                    Supreme Court of Arkansas
                Opinion delivered October 2, 1997


Motions -- no action taken by appellant's attorney since tendering
     partial record -- motion to dismiss appeal granted. -- Where
     appellant's attorney had taken no action in the appeal since
     tendering the partial record on October 11, 1996, even though,
     on January 7, 1997, the Clerk of the supreme court advised
     appellant's attorney that a motion for rule on the clerk would
     be necessary to get the record filed and to proceed with the
     appeal and, on July 15, 1997, the supreme court's Office of
     the Criminal Justice Coordinator notified appellant that his
     attorney had not filed the appropriate motion requesting
     permission to proceed with the appeal, the supreme court found
     that appellant's failure to perfect the appeal in a timely
     manner was good cause to grant appellee's motion to dismiss
     appeal.


     Motion to Dismiss Appeal; granted.
     No response.
     Winston Bryant, Att'y Gen., by:  Kelly K. Hill, Asst. Att'y
Gen., for appellee.

     Per Curiam.
     Appellee the State of Arkansas, by and through counsel,      
Winston Bryant, Attorney General, and Kelly K. Hill, Deputy
Attorney General, has filed a motion to dismiss Appellant
Wickliffe's appeal.
     On April 23, 1996, the Pulaski County Circuit Court entered a
judgment convicting appellant of simultaneous possession of drugs
and firearms, possession of a controlled substance with intent to
deliver, and possession of drug paraphernalia.  On May 20, 1996,
appellant filed a motion for new trial, which, by operation of law, 
was deemed denied on June 20, 1996. Ark. R. App. P.--Crim. 2(a)(3).
However, the circuit court proceeded to enter a written order
denying the motion for new trial on July 16, 1996.
     Appellant filed a notice of appeal on July 12, 1996. On
October 11, 1996, appellant tendered a partial  record to this
court for filing. The partial record did not contain  appellant's
motion for new trial,  nor did it contain a notice of appeal filed
after the motion for new trial was denied. Based upon the partial
record as tendered by appellant, the Clerk of this court notified
appellant's attorney that the record could not be filed because the
notice of appeal was not timely.
      By letter dated  January 7, 1997, the Clerk of this court
advised appellant's attorney that a motion for rule on the clerk
would be necessary to get the record filed and to proceed with the
appeal. By letter dated July 15, 1997, the court's Office of the
Criminal Justice Coordinator notified appellant regarding the
status of his appeal from the conviction on April 23, 1996.
Specifically, appellant was advised that his attorney had not filed
the appropriate motion requesting permission to proceed with the
appeal.
     Appellant's attorney has taken no action in the appeal since
tendering the partial record on October 11, 1996. 
     We find that appellant's failure to perfect this appeal in a
timely manner is good cause to grant appellee's motion to dismiss
appeal.
     The motion is, therefore, granted.
     A. Wayne Davis is also ordered to appear before this court on
the 16th day of October, 1997, at 9:00 a.m. to show cause why he
should not be held in contempt of this court for his failure to
perfect appellant Wickliffe's appeal in a timely manner.