Hickman v. State (Per Curiam)Annotate this Case
Appellant lodged an appeal in the Supreme Court from an order of the circuit court that denied his petition to correct an illegal sentence pursuant to Ark. Code Ann. 16-90-111. Appellant filed a motion to be provided a copy of the record and a motion to stay the appeal. The Supreme Court dismissed the appeal and declared the motions moot, holding (1) to the extent Appellant's claims were cognizable under Ark. R. Crim. P. 37.1, his request for relief was properly treated as a petition under Rule 37.1 and was subject to the time limitations associated with the rule; and (2) because Appellant's petition was not timely filed under either Rule 37.1 or section 16-90-111, the trial court did not err in concluding that the petition was not timely.