Cook v. State (Per Curiam)Annotate this Case
Petitioner pleaded guilty to four counts of rape and was sentenced to a total of 720 months in prison. Petitioner later filed in the circuit court an Ark. R. Crim. P. 37.1 petition. The trial court denied Petitioner’s Rule 37.1 petition as untimely. Petitioner later filed a motion for belated appeal, contending that the circuit clerk erred by not file-marking his Rule 37.1 petition. The Supreme Court treated the motion for belated appeal as a motion for rule on clerk to perfect the appeal and remanded the matter to the trial court with direction that the circuit clerk determine the correct file-mark date for Petitioner’s Rule 37.1 petition. Upon the filing of the Rule 37.1 petition, the trial court should determine whether it can reach the merits of the Rule 37.1 petition.