Robert D. Standridge v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

May 17, 2001

ROBERT D. STANDRIDGE

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 01-101

PRO SE MOTION TO WAIVE REQUIREMENT THAT APPELLANT PROVIDE SEVENTEEN COPIES OF BRIEF [CIRCUIT COURT OF SEBASTIAN COUNTY, FORT SMITH DISTRICT, NO. CR 95-896, HON. JAMES MARSCHEWSKI, JUDGE]

MOTION MOOT; APPEAL DISMISSED

In 1996, Robert D. Standridge was found guilty of murder in the first degree and sentenced to life imprisonment. We affirmed. Standridge v. State, 329 Ark. 473, 951 S.W.2d 299 (1997). This court's mandate was issued on September 30, 1997. Approximately thirty-four months later on August 4, 2000, Standridge filed in the trial court a petition for postconviction relief pursuant to Criminal Procedure Rule 37. The petition was denied, and Standridge has lodged an appeal of the order in this court.

Now before us is appellant Standridge's motion seeking have waived the requirement that an appellant provide seventeen copies of his brief. We declare the motion 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. 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 approximately thirty-four months 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).

Motion moot; appeal dismissed.