Edward Franklin Wood, Jr. v. State of Arkansas
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ARKANSAS SUPREME COURT
No. CR 07860
Opinion Delivered
EDWARD FRANKLIN WOOD, JR.
Appellant
v.
STATE OF ARKANSAS
Appellee
January 10, 2008
PRO SE MOTIONS FOR EXTENSION
OF TIME TO FILE BRIEF [CIRCUIT
COURT OF BENTON COUNTY, CR
20051009, HON. DAVID S. CLINGER,
JUDGE]
APPEAL DISMISSED; MOTIONS
MOOT.
PER CURIAM
Appellant Edward Franklin Wood, Jr., entered a plea of guilty to manufacturing a controlled
substance (methamphetamine) in exchange for the dismissal of two other criminal charges. The
judgment filed on April 11, 2007, reflected that he was sentenced to 144 months’ imprisonment with
suspended imposition of fortyeight months and fined $1,000.
Subsequently, on May 22, 2007, appellant filed in the trial court an “appeal” of the guilty plea
based upon inadequate representation of counsel. In an order entered on May 30, 2007, the trial
court treated the document as a petition for relief pursuant to Ark. R. Crim. P. 37.1, and denied the
petition for lack of verification. Appellant then filed in the trial court on June 11, 2007, a second
document entitled “appeal” that was again based on ineffective assistance of counsel. On July 5,
2007, appellant timely filed a verified pro se petition for postconviction relief pursuant to Rule 37.1.
In an order dated July 18, 2007, the trial court denied the July 5, 2007, petition. On July 30, 2007,
an order was entered that treated the June 11, 2007, “appeal” as a Rule 37.1 petition and denied the
petition for lack of verification.
Now before us are appellant’s two pro se motions for extension of time to file the briefin
chief. As appellant could not be successful on appeal, the appeal is dismissed and the motions are
moot. An appeal from an order that denied a petition for postconviction relief or other civil remedy
will not be permitted to go forward where it is clear that the appellant could not prevail. Pardue v.
State, 338 Ark. 606, 999 S.W.2d 198 (1999) (per curiam); Seaton v. State, 324 Ark. 236, 920
S.W.2d 13 (1996) (per curiam).
When appellant tendered the record on appeal to this court, it was assumed that the “appeal”
dated June 11, 2007, was the notice of appeal from the order entered on May 30, 2007, that denied
appellant’s first Rule 37.1 petition. If indeed it was intended by appellant to be a timely notice of
appeal from that order, we find no merit to the appeal.
Criminal Procedure Rule 37.1(d) requires that a petition for postconviction relief be verified
and an unverified petition may not be filed without leave of the court. Morris v. State, 365 Ark. 217,
226 S.W.3d 790 (2006) (per curiam). The verification requirement for a petition is of substantive
importance to prevent perjury, and in order to serve this purpose, a petitioner must execute the
verification. Collins v. State, 365 Ark. 411, 231 S.W.3d 717 (2006); Boyle v. State, 362 Ark. 248,
208 S.W.3d 134 (2005) (per curiam). Here, appellant failed to verify the Rule 37.1 petition filed on
May 22, 2007, and would not prevail on appeal.
Alternatively, appellant may not have intended the June 11, 2007, document to act as a notice
of appeal from the May 30, 2007, order. If appellant instead intended to appeal from the July 18,
2007, order denying the Rule 37.1 petition filed on July 5, 2007, that matter is not before us.
Pursuant to Ark. R. App. P.–Civ. 4(a), a notice of appeal was required to be filed within thirty days
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from the entry of the July 18, 2007, order. The record did not contain such a notice of appeal filed
by appellant and therefore the order of July 18, 2007, is not before us.
Appeal dismissed; motions moot.
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