Guy Anthony Boone v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

November 7, 2002

GUY ANTHONY BOONE

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 02-863

PRO SE MOTION FOR BELATED APPEAL OF ORDER [CIRCUIT COURT OF UNION COUNTY, CR 97-132, HON. CAROL CRAFTON ANTHONY, JUDGE]

MOTION DENIED

Guy Anthony Boone was found guilty of murder in the first degree and sentenced to life imprisonment. We affirmed. Boone v. State, 334 Ark. 752, 976 S.W.2d 921 (1998). The mandate of this court was issued on October 27, 1998.

Approximately thirty-three months later on July 19, 2001, Boone filed in the trial court a petition for postconviction relief pursuant to Criminal Procedure Rule 37. An appeal was not perfected, and Boone now seeks leave to proceed with a belated appeal of the order. As we find that petitioner Boone could not be successful on appeal even if he were permitted to proceed, the motion for belated appeal is denied. See Pardue v. State, 338 Ark. 606, 999 S.W.2d 198 (1999); 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 in the trial court was not timely filed; and, as a result, petitioner was procedurally barred from proceeding under the rule. Rule 37 provides that all grounds for postconviction relief must be raised in a petition under the rule filed within sixty days of the date the mandate was issued following affirmance of the judgment. Petitioner did not file his petition challenging the judgment within this sixty-day period. The time limitations imposed in Rule 37 are jurisdictional in nature, and the circuit court may not grant relief on a untimely postconviction petition. Maxwell v. State, 298 Ark. 329, 767 S.W.2d 303 (1989).

Motion denied.