Burks v. State (Per Curiam)
Annotate this CaseAfter a jury trial, Appellant was convicted of aggravated robbery and theft of property in the armed robbery of two bank employees as they were filling an ATM machine. The Supreme Court affirmed. Seventy-four days after the mandate issued, Appellant filed a pro se petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1. The trial court denied the petition on the merits. Appellant appealed. Appellee filed a motion to dismiss on the ground that the petition was not timely filed. The Supreme Court granted the motion, holding that because Appellant's petition was filed fourteen days after the sixty-day period to file a timely petition under Ark. R. Crim. P. 37.2(c), the trial court lacked jurisdiction to rule on the merits of the Rule 37.1 petition.
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