Lewis v. State (Per Curiam)Annotate this Case
Appellant entered a plea of nolo contendere to second-degree sexual assault and was sentenced to 180 months’ imprisonment. Approximately forty-one months after the judgment in his case had been entered, Appellant filed a pro se petition for scientific testing of evidence under Act 1780 of 2001 Acts of Arkansas, as amended by Act 2250 of 2005. The trial court denied the petition, determining that Appellant did not rebut the presumption that it was untimely filed. The Supreme Court affirmed, holding (1) the trial court did not clearly err in determining that the petition was untimely filed; and (2) the trial court correctly ruled in its order denying Appellant’s Act 1780 petition that Appellant had failed to demonstrate a ground for relief under the Act.