Sylvester Irvin v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

April 19, 2001

SYLVESTER IRVIN

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 01-295

PRO SE MOTION FOR BELATED APPEAL [CIRCUIT COURT OF CRITTENDEN COUNTY, NO. CR 00-699, CR 00-622, CR 00-714, CR 00-715, HON. DAVID BURNETT, JUDGE]

MOTION DENIED

On August 25, 2000, judgment was entered reflecting that Sylvester Irvin had pleaded guilty to four felony offenses. He was sentenced as a habitual offender to an aggregate term of 480 months' imprisonment. On March 12, 2001, Irvin filed in this court a motion for belated appeal of the judgment.

Although petitioner Irvin states that the judgment entered on August 25, 2000, reflected revocation of a probated sentence imposed on August 24, 2000, there is nothing in the record filed here that supports that claim. The judgment indicates only that petitioner had pleaded guilty to the four offenses. Arkansas Rules of Appellate Procedure-Criminal 1(a) provides that there is no direct appeal from a plea of guilty, except in those instances where the defendant has entered a conditional plea of guilty, reserved in writing, to appeal an adverse determination of a pretrial motion to suppress evidence. Petitioner does not contend, and the record does notreflect, that

his plea of guilty was conditional. As a result, there was no right to appeal from the August 25, 2000, judgment, and the motion for belated appeal is baseless.

Motion denied.