Latham v. State (Majority, with Dissenting)
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The Supreme Court treated Petitioner’s pro se motion for rule on clerk and for belated appeal as a motion for belated appeal and denied the motion, holding that Petitioner’s petition was wholly without merit.
Petitioner sought to appeal the trial court’s denial of his pro se petition to correct an illegal sentence filed under Ark. Code Ann. 16-90-111. The trial court addressed the petition as one for postconviction relief under Ark. R. Crim. P. 37.1 and under Ark. Code Ann. 16-90-111 and then denied the petition. The Supreme Court affirmed, holding (1) the denial of Petitioner’s claim for relief under section 16-90-111 was not error; and (2) Petitioner was not entitled to relief under Rule 37.1.
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