Green v. State (Per Curiam)
Annotate this CaseAfter a jury trial, Appellant was convicted of failing to comply with registration and reporting requirements applicable to sex offenders and with residing within 2000 feet of a daycare facility for children. Appellant's subsequent petition for review was denied. After the judgment had been affirmed and while the petition for review was pending, Appellant filed a pro se motion for postconviction relief, which the trial court denied. Appellant appealed, seeking by motion to void the appeal on the grounds that the postconviction relief petition was filed prematurely. The Supreme Court treated the motion to void the appeal as a motion to dismiss the appeal without prejudice to proceed with a timely postconviction relief petition. The Court (1) granted Appellant's motion to dismiss the appeal; but (2) ruled that Appellant was not entitled to file a second postconviction petition, as Appellant's first petition could be considered as timely filed pursuant to Ark. R. Crim. P. 37.2(a).
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