German R. Marroquin v. State of Arkansas

ARKANSAS SUPREME COURT

No. CR 04-615

NOT DESIGNATED FOR PUBLICATION

GERMAN R. MARROQUIN

Appellant

v.

STATE OF ARKANSAS

Appellee

Opinion Delivered June 16, 2005

APPEAL FROM THE CIRCUIT COURT OF BENTON COUNTY, NO. CR 98-121-1(B), HONORABLE TOM J. KEITH, JUDGE

APPEAL DISMISSED

PER CURIAM

Appellant was tried by a jury and found guilty of aggravated robbery and theft of property. He was sentenced to forty years' imprisonment on the robbery conviction and fifteen years' imprisonment on the theft conviction, running consecutively for a total of fifty-five years. Imposition of twenty-five years was suspended conditioned upon the orders of the court and full compliance with the suspended-sentence contract. Appellant was also ordered to pay court costs and victim restitution. The Arkansas Court of Appeals affirmed. Marroquin v. State, CA CR 99-1036 (Ark. App. May 3, 2000). Appellant subsequently filed a petition and an amended petition for postconviction relief pursuant to Ark. R. Crim. P. 37, which were denied. From that order comes this appeal.

We cannot address the merits of appellant's petition because it was not properly verified as required by Rule 37.1(d). This rule requires that a party seeking to attack a sentence must file a verified petition. See Boyle v. State, Ark. , S.W.3d (May 5, 2005) (per curiam). This court has recognized that the verification requirement of the rule is one of substantive importance to prevent perjury. Id. at (citing Carey v. State, 268 Ark. 332, 333, 596 S.W.2d 688, 689 (1980)). In order to serve this purpose, a petitioner must execute the verification, and if the petitioner is represented by counsel, counsel may not sign and verify the petition for him. Boyle, Ark. at . In the instant case, appellant's attorney signed the original petition. Since appellant's petition lacked proper verification, it was invalid. The appeal is therefore dismissed.

Appeal dismissed.