Ronald Jerome Robinson v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

April 5, 2001

RONALD JEROME ROBINSON

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 01-217

PRO SE MOTIONS FOR RECORD AND TO SUPPLEMENT RECORD [CIRCUIT COURT OF CRITTENDEN COUNTY, NO. CR 98-898, HON. DAVID BURNETT, JUDGE]

MOTIONS DENIED AND APPEAL DISMISSED

In 2000, Ronald Jerome Robinson was found guilty by a jury of murder in the first degree and sentenced to 120 months' imprisonment. The court of appeals affirmed. Robinson v. State, CACR 00-383 (November 1, 2000). The court of appeals denied Robinson's petition for rehearing on December 6, 2000. We denied a petition for review in the case on January 4, 2001, and the court of appeals' mandate was issued that day.

On December 5, 2000, thirty days before the mandate of the court of appeals was issued, Robinson filed in the trial court a pro se petition for postconviction relief pursuant to Criminal Procedure Rule 37 seeking to have the judgment vacated. The Rule 37 petition was denied, and Robinson has lodged an appeal from the order here.

Now before us are appellant Robinson's motions for the record and to supplement therecord. Because we find that the trial court did not err when it denied relief, we deny the motions and dismiss the appeal. 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).

The Rule 37 petition was filed by appellant before the mandate following affirmance of the judgment was issued. As a result, the trial court did not have jurisdiction to consider the merits of the petition. A petition under Criminal Procedure Rule 37 must be filed after the mandate is issued because, when a judgment is appealed, the circuit court does not regain jurisdiction over the case until that event occurs. Doyle v. State, 319 Ark. 175, 890 S.W.2d 256 (1994); Clements v. State, 312 Ark. 528, 851 S.W.2d 422 (1993); Morton v. State, 208 Ark. 492, 187 S.W.2d 335 (1945).

Motions denied and appeal dismissed.