Tolliver v. State (Per Curiam)
Annotate this CaseIn 2011, Appellant pleaded guilty to multiple felony offenses and was sentenced as a habitual offender to 240 months’ imprisonment. Petitioner later filed a petition to correct an illegal sentence, which the trial court denied. On appeal, the Supreme Court treated the petition as a claim for postconviction relief pursuant to Ark. R. Crim. P. 37.1 and dismissed the appeal because the petition was untimely. Thereafter, Petitioner filed a pleading styled “motion for belated Rule 37.1” alleging that his guilty plea was the result of ineffective assistance of counsel. The trial court dismissed the request for postconviction relief as untimely filed. The Supreme Court dismissed Appellant’s appeal, holding that the trial court correctly determined that the petition was not timely filed.
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