Ronald Donell McJames v. State of Arkansas

ARKANSAS SUPREME COURT

No. CR 05-939

NOT DESIGNATED FOR PUBLICATION

RONALD DONELL MCJAMES

Appellant

v.

STATE OF ARKANSAS

Appellee

Opinion Delivered December 8, 2005

PRO SE MOTION FOR RECONSIDERATION OF DISMISSAL OF APPEAL [CIRCUIT COURT OF PULASKI COUNTY, CR 2002-1805, HON. WILLARD PROCTOR, JR., JUDGE]

MOTION DENIED

PER CURIAM

Ronald Donell McJames pled guilty to capital murder and was sentenced to life imprisonment without parole. Judgment was entered on August 19, 2003.

In 2005, McJames filed in the trial court a petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1. The trial court denied the petition, and McJames lodged an appeal. We dismissed the appeal on the ground that the Rule 37.1 petition was not timely filed. McJames v. State, CR 05-939 (Ark. October 27, 2005) (per curiam). Now before us is appellant's motion for reconsideration of the dismissal of his Rule 37.1 appeal.

As we said when the appeal was dismissed, when a petitioner pleads guilty, the petition filed pursuant to Rule 37.1 must be filed within ninety days of the date the judgment was entered. Appellant did not file his petition within that period and was thus procedurally barred from proceeding under the rule.

Motion denied.