Ricky Amos Knox v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

OCTOBER 11, 2001

RICKY AMOS KNOX

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 01-733

PRO SE MOTION FOR BELATED APPEAL OF ORDER [CIRCUIT COURT OF PULASKI COUNTY, NO. CR 99-2204, HON. DAVID B. BOGARD, JUDGE]

MOTION DENIED

On May 23, 2000, judgment was entered reflecting that Ricky Amos Knox had pleaded guilty to six felony offenses for which an aggregate sentence of 300 months' imprisonment was imposed. On January 18, 2001, Knox filed in the trial court a pro se petition for postconviction relief pursuant to Criminal Procedure Rule 37 challenging the judgment. The petition was dismissed on January 24, 2001, on the ground that it was not timely filed. Petitioner Knox filed an untimely notice of appeal from the order, and he now seeks leave to proceed with a belated appeal.

We need not consider petitioner's reasons for failing to perfect an appeal because it is clear from the record that the trial court did not err when it ruled that the petition was untimely. This court has consistently held that a postconviction matter will not be permitted to go forward where it is clear that the petitioner 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); 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 attacking a judgment entered on a plea of guilty is untimely if not filed within ninety days of the entry of judgment pursuant to the plea of guilty. The ninety-day period to file a petition under Criminal Procedure Rule 37 expired in petitioner's case on August 21, 2000, but petitioner did not file his petition for postconviction relief until January 18, 2001, making the petition approximately five months late. As the time limitations imposed in Criminal Procedure Rule 37 are jurisdictional in nature, the circuit court could not grant relief on an untimely petition, and petitioner was thus procedural barred from proceeding under the rule. Maxwell v. State, 298 Ark. 329, 767 S.W.2d 303 (1989).

Motion denied.