Torrence v. State
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Cite as 2009 Ark. 102 (unpublished)
ARKANSAS SUPREME COURT
No.
CR 08-1470
Opinion Delivered
KEITH TORRENCE
Petitioner
February 26, 2009
PRO SE MOTION FOR BELATED
APPEAL [CIRCUIT COURT OF
MILLER COUNTY, CR 2003-512, HON.
KIRK D. JOHNSON, JUDGE]
v.
STATE OF ARKANSAS
Respondent
MOTION DENIED.
PER CURIAM
In 2003, petitioner Keith Torrence entered a plea of guilty to thirty-seven counts of
second-degree forgery and received probation. In 2008, his probation was revoked, and he was
sentenced by the court to an aggregate term of 240 months’ imprisonment. Now before us is
petitioner’s motion for belated appeal in which he seeks this court’s permission to proceed with
an appeal of the judgment and commitment order entered on June 13, 2008.
A defendant may waive his right to appeal by his failure to inform counsel of his desire
to appeal within the thirty-day period allowed for filing a notice of appeal under Arkansas Rule
of Appellate Procedure–Criminal 2(a)(4). Bankston v. State, 354 Ark. 473, 125 S.W.3d 146 (2003)
(per curiam). Such was the case here. Petitioner does not contend in his motion that he asked
his attorney to file an appeal from the 2008 revocation judgment, and trial counsel, in her
affidavit submitted in response to petitioner’s motion, stated that petitioner did not make such
a request.
Motion denied.
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