Collins v. State (Majority, with Dissenting)
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The Supreme Court reversed and vacated the judgment of the court of appeals affirming Defendant's conviction of first-degree assault and sentencing him to thirty days in jail, holding that Defendant failed to perfect his appeal from district court to circuit court, and therefore, the circuit court lacked jurisdiction over the appeal.
On the thirty-ninth day from the district court judgment convicting him of first-degree assault, Defendant's attorney filed an affidavit with the circuit court stating that Defendant had filed a notice of appeal in the district court. The circuit court found Defendant guilty of second-degree assault. The court of appeals affirmed. On appeal, Defendant argued that he failed to perfect his appeal from the district court to the circuit court because he failed timely to file the record or a proper affidavit containing certain facts for the circuit court to acquire jurisdiction under Ark. R. Crim. P. 36(d). The Supreme Court agreed and reinstated the district court judgment, holding that an insufficient affidavit filed under rule 36(d) is a jurisdictional impairment to an appeal from a criminal conviction from district court to circuit court.
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