Johnson v. StateAnnotate this Case
Petitioner Mitchell Johnson entered a plea of guilty to financial identity fraud, theft by receiving, and misdemeanor possession of a controlled substance. Petitioner subsequently filed a timely pro se petition for postconviction relief. The circuit court denied the petition. Petitioner did not timely file a notice of appeal from the order. Petitioner sought leave to proceed with a belated appeal, contending that the circuit court failed to send him a copy of the order denying his postconviction relief petition, as it was required to do under Ark. R. Crim. P. 37.3(d). The Supreme Court granted the motion, holding that the failure of the court to abide by Rule 37.3(d) established good cause for Petitioner's failure to timely file a notice of appeal.