Crain v. State (Majority)
Annotate this CasePetitioner was found guilty by a jury of aggravated robbery and theft of property with a sentence enhancement for use of a firearm in commission of the offenses. The court of appeals affirmed. Subsequently, Petitioner timely filed a verified petition for postconviction relief, which the trial court denied. Petitioner did not file a notice of appeal within thirty days of the entry of the trial court's order as required by Ark. R. App. P.-Crim. 2(a)(4). Before the Supreme Court was Petitioner's motion to proceed with a belated appeal of the court's order. The Supreme Court denied the motion, holding that Petitioner's unsubstantiated allegations clearly fell short of establishing that he was denied effective assistance of counsel at trial, and accordingly, there was no good cause to permit an appeal from the order that denied postconviction relief.
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