Bobby G. Thomas v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

April 19, 2001

BOBBY G. THOMAS

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 01-296

PRO SE MOTION FOR RULE ON CLERK TO FILE MOTION FOR BELATED APPEAL WITHOUT RECORD [CIRCUIT COURT OF MILLER COUNTY, NO. CR 98-238-2]

MOTION DISMISSED

Bobby G. Thomas has filed in this court a motion for rule on clerk seeking leave to file a motion for belated appeal of an order without the certified record of the proceedings in the trial court. Petitioner Thomas states in the motion that the trial court denied his petition for postconviction relief pursuant to Criminal Procedure Rule 37 and that he has been unable to obtain from the circuit clerk the partial record necessary to file a motion for belated appeal.

The motion is dismissed. In cases in which the jurisdiction of this court is appellate as with appeals from postconviction orders, it is the certified record of the trial court proceedings that provides the basis on which this court can assume jurisdiction of the matter. Accordingly, at least a certified partial record is required to file a motion for belated appeal from the order.

Motion dismissed.