Robert Burnard v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

November 7, 2002

ROBERT BURNARD

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 02-856

PRO SE MOTION FOR BELATED APPEAL OF JUDGMENT [CIRCUIT COURT OF SEVIER COUNTY, NO. CR 99-115, HON. CHARLES YEARGAN, JUDGE]

MOTION DENIED

On August 22, 2000, judgment was entered reflecting that Robert Burnard had pleaded guilty to one felony and one misdemeanor offense. An aggregate sentence of 240 months' imprisonment was imposed. Now before us is Burnard's pro se motion for belated appeal of the judgment.

The motion is untimely inasmuch as it was not filed within eighteen months of the date the judgment was entered in accordance with Ark. R. App. P.-Crim. 2(e); but even if it had been timely filed, Ark. R. App. P.--Crim.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 and reserved in writing the right on appeal from the judgment to review an adverse determination of a pretrial motion to suppress evidence. See also Ark. R. Crim. P. 24.3(b). Petitioner does not contend, and the record does not reflect, that his plea of guilty was conditional. As a result, there

was no right to appeal from the August 22, 2000, judgment, and the motion for belated appeal is baseless.

Motion denied.