Douglas v. State
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Cite as 2009 Ark. 468
ARKANSAS SUPREME COURT
No.
CR 09-490
Opinion Delivered
MICHAEL L. DOUGLAS
Petitioner
v.
October 1, 2009
PRO SE MOTION FOR BELATED
APPEAL OR RULE ON CLERK
[CIRCUIT COURT OF DREW
COUNTY, CR 2006-149, CR 2006-161,
CR 2007-1, CR 2007-3, CR 2007-4,
HON. ROBERT BYNUM GIBSON, JR.,
JUDGE]
STATE OF ARKANSAS
Respondent
MOTION TREATED AS MOTION FOR
BELATED APPEAL AND DISMISSED.
PER CURIAM
On March 19, 2007, petitioner Michael L. Douglas entered unconditional pleas of guilty to
various felony charges in five separate criminal matters and was sentenced to an aggregate term of
480 months’ imprisonment. Subsequently, petitioner apparently filed a petition for postconviction
relief pursuant to Arkansas Rule of Criminal Procedure 37.1, although the petition is not contained
in the partial record before us. On August 9, 2007, the trial court entered an order that denied the
Rule 37.1 petition, and the record indicates that a notice of appeal was not filed.
On May 8, 2009, petitioner filed the instant pro se motion for belated appeal from entry of
the order, or motion for rule on clerk, that is now before us. The motion is treated as a motion for
belated appeal as no notice of appeal is contained in the record. See Holland v. State, 358 Ark. 366,
190 S.W.3d 904 (2004) (per curiam) (citing Johnson v. State, 342 Ark. 709, 30 S.W.3d 715 (2000)
(per curiam)).
Cite as 2009 Ark. 468
Belated appeals in criminal cases are governed by Rule 2(e) of the Rules of Appellate
Procedure–Criminal. The rule provides in pertinent part that “no motion for belated appeal shall be
entertained by the Supreme Court unless application has been made to the Supreme Court within
eighteen (18) months of the date of entry of judgment or entry of the order denying postconviction
relief[.]” In this matter, the eighteen-month period to file a motion for belated appeal from the order
entered on September 9, 2007, elapsed on February 9, 2009.
It is incumbent on a petitioner to file a motion for belated appeal in a timely manner
inasmuch as an untimely motion for belated appeal is subject to dismissal. Bennett v. State, 362 Ark.
411, 208 S.W.3d 775 (2005) (per curiam). As petitioner failed to file the motion within the period
allowed by Rule 2(e), the motion is dismissed.
Motion treated as motion for belated appeal and dismissed.
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