Bruce Joseph Taylor v. State of Arkansas

ARKANSAS SUPREME COURT

No. CR 05-961

NOT DESIGNATED FOR PUBLICATION

BRUCE JOSEPH TAYLOR

Petitioner

v.

STATE OF ARKANSAS

Respondent

Opinion Delivered October 27, 2005

PRO SE MOTION FOR BELATED APPEAL [CIRCUIT COURT OF PULASKI COUNTY, CR 1987-1053, HON. MARION HUMPHREY, JUDGE]

MOTION DENIED

PER CURIAM

Bruce Joseph Taylor was convicted by a jury of aggravated robbery and rape. He was sentenced to twenty years' imprisonment for the robbery conviction and forty years' imprisonment for the rape conviction, to be served concurrently. Taylor is also serving a thirty-year sentence for an unrelated robbery conviction. We affirmed. Taylor v. State, 296 Ark. 89, 752 S.W.2d 2 (1988).

Taylor filed in the trial court a writ of habeas corpus pursuant to Act 1780 of 2001. That petition was denied by written order entered on March 15, 2005. Taylor then filed an untimely notice of appeal on April 15, 2005. Now before us is petitioner's motion for belated appeal.

A petitioner has the responsibility to file a timely notice of appeal within thirty days of the date the order was entered as required by Ark. R. App. P.-Civ. 4(a). If the petitioner fails to file a timely notice of appeal, a belated appeal will not be allowed absent a showing by the petitioner of good cause for the failure to comply with the proper procedure. Garner v. State, 293 Ark. 309, 737 S.W.2d 637 (1987) (per curiam).

Petitioner gives no good cause either in his motion for belated appeal or affidavit in support of that motion for his failure to comply with the proper procedure. Therefore, we deny the motion for belated appeal.

Motion denied.