Smith v. State
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Cite as 2009 Ark. 100 (unpublished)
ARKANSAS SUPREME COURT
No. CR 08-1238
Opinion Delivered February 26, 2009
JAMES CRAIG SMITH
Petitioner
v.
PRO SE MOTION FOR BELATED
APPEAL [CIRCUIT COURT OF
RANDOLPH COUNTY, CR 2006-18,
HON. HAROLD S. ERWIN, JUDGE]
STATE OF ARKANSAS
Respondent
MOTION DISMISSED.
PER CURIAM
On May 12, 2006, a jury found petitioner James Craig Smith guilty of ten counts of rape
and sentenced him to an aggregate term of 240 months’ imprisonment. The record indicates
that a notice of appeal was not filed in the trial court. On October 27, 2008, petitioner filed in
this court a pro se motion for belated appeal from the judgment that is now before us.1
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 . . . from which the appeal
is taken” In this matter, the eighteen-month period to file a motion for belated appeal elapsed
on November 12, 2007.
1
On January 5, 2009, petitioner filed in this court an amended motion for belated appeal. As the
initial motion is dismissed, the amended motion is moot.
Cite as 2009 Ark. 100 (unpublished)
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 dismissed.
-2-
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