Winnett v. State (Majority)Annotate this Case
Appellant pled guilty to rape in 2007 and was sentenced to 240 months' incarceration. In 2012, Appellant filed a pleading that he captioned, "Motion/Petition to Vacate and/or Modifier Plus Correct The Judgment Pursuant to Ark. Ct. Rule 60(I) and Fed. R. 60(B)(3)." The circuit court denied the motion, and Appellant timely filed a notice of appeal. The Supreme Court dismissed Appellant's appeal upon a motion by the State, as Appellant's original pleading was nothing more than an untimely petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1, and therefore, because the petition was untimely, the circuit court lacked jurisdiction to consider it.