Morris Brian Koontz v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

FEBRUARY 22, 2001

MORRIS BRIAN KOONTZ

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 00-975

PRO SE MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF [CIRCUIT COURT OF HEMPSTEAD COUNTY, NO. CR 98-117-2, HON. DUNCAN CULPEPPER, JUDGE]

MOTION MOOT; REVERSED AND REMANDED

On February 16, 2000, judgment was entered reflecting that Morris Brian Koontz had entered a plea of nolo contendere to a charge of rape and been sentenced to 240 months' imprisonment. Seventy-seven days later on May 4, 2000, Koontz filed in the trial court a pro se petition for postconviction relief pursuant to Criminal Procedure Rule 37. The petition was denied as untimely on the basis that more than thirty days had passed since the judgment. Koontz has lodged an appeal of the order in this court.

Now before us is appellant Koontz's motion seeking an extension of time to file the appellant's brief. We need not consider appellant's motion because the Rule 37 petition filed in the trial court was timely, and thus we reverse and remand the matter to the trial court so that it may consider Koontz's petition on the merits.

Criminal Procedure Rule 37.2(c) provides in pertinent part that a petition under the rule

is timely if filed within ninety days of the date the judgment following a plea of guilty or nolo contendere was entered. As stated, the judgment in appellant's case was issued on February 16, 2000, making the final day to file a petition under the rule May 17, 2000. Appellant's petition filed May 4, 2000, was timely and should have been decided on its merits.

Motion moot; reversed and remanded.