Garner v. State
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Cite as 2009 Ark. 587
SUPREME COURT OF ARKANSAS
No.
CR 09-1037
Opinion Delivered
November 19, 2009
PRO SE MOTION FOR BELATED
APPEAL OF JUDGMENT [CIRCUIT
COURT OF LITTLE RIVER COUNTY,
CR 2004-61]
FRANK R. GARNER
Petitioner
v.
STATE OF ARKANSAS
Respondent
MOTION DISMISSED.
PER CURIAM
On September 12, 2005, judgment was entered reflecting that petitioner Frank R. Garner
had been found guilty by a jury of kidnapping and rape. Consecutive sentences of 240 months’
imprisonment and life imprisonment were imposed, respectively. No appeal was taken, and on
September 21, 2009, petitioner filed the motion that is now before us seeking leave to proceed
with a belated appeal of the judgment.
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.” In this matter, the eighteenmonth period to file a motion for belated appeal from the judgment of conviction entered on
September 12, 2005, elapsed on March 12, 2007.
Cite as 2009 Ark. 587
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. Douglas v. State, 2009
Ark. 468 (per curiam); 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 dismissed.
2
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