Ewells v. State (Per Curiam)
Annotate this CaseIn 2007, Appellant was found guilty of two counts of possession of a controlled substance with intent to deliver and sentenced as a habitual offender. The court of appeals affirmed. In 2010, Appellant filed a pro se petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1, which was denied. In 2014, Appellant filed a second Rule 37.1 petition. The trial court dismissed the petition, determining that it was not timely filed. Appellant appealed and filed motions seeking an extension of time to file his brief-in-chief and a copy of the record. The Supreme Court dismissed the appeal and declared the motions moot, holding that the trial court did not have jurisdiction to act on the merits of the Rule 37.1 petition, and therefore, this Court did not have jurisdiction in the matter.
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