Opinion
No. CR-13-388
06-06-2013
MIGUEL WILLIAMS PETITIONER v. STATE OF ARKANSAS RESPONDENT
Miguel Williams, pro se appellant. No response.
PRO SE MOTION FOR BELATED
APPEAL [PULASKI COUNTY
CIRCUIT COURT, 60CR-10-2170,
HON. BARRY SIMS, JUDGE]
MOTION DENIED.
PER CURIAM
On March 27, 2012, judgment was entered in the Pulaski County Circuit Court reflecting that petitioner Miguel Williams had been found guilty by a jury of aggravated residential burglary, two counts of aggravated robbery, and battery in the first degree. The sentences were ordered to be served consecutively for an aggregate term of imprisonment of three hundred months.
On April 9, 2012, an order was entered relieving petitioner's retained attorney of any further responsibility as counsel for petitioner. Petitioner did not perfect an appeal from the judgment, and he now seeks leave by pro se motion to proceed with a belated appeal pursuant to Arkansas Rule of Appellate Procedure—Criminal 2(e) (2012). The motion was filed here on May 6, 2013.
In the motion for belated appeal, petitioner states that, once counsel was relieved, he was left without an attorney to represent him on direct appeal and that no steps were taken to ensure that his right to appeal was protected even though he had expressed his desire to appeal. He does not explain who was responsible for taking the steps to protect his right to appeal, and he does not state that he took any action himself to retain new counsel or, if he was then indigent, to ask the trial court that he be declared indigent and for counsel to be appointed for the direct appeal.
Rule 16(a) of the Arkansas Rules of Appellate Procedure—Criminal provides in pertinent part that trial counsel, whether retained or court appointed, shall continue to represent a convicted defendant throughout any appeal, unless permitted by the trial court or the appellate court to withdraw in the interest of justice or for other sufficient cause. Here, counsel was relieved by the trial court and was thus not responsible for the direct appeal.
Once counsel was relieved, the burden was on petitioner to retain other counsel, proceed pro se on appeal, or, if he had become indigent since retaining his trial attorney, to file in the trial court a motion for appointment of counsel with his affidavit of indigency appended. He did not retain other counsel, move for appointment of counsel, or proceed pro se. In his motion, petitioner offers no explanation at all for his failure to take some action if he desired to perfect an appeal.
A belated appeal will not be allowed absent a showing by the petitioner of good cause for his failure to comply with proper procedure. See Miller v. State, 2013 Ark. 182 (per curiam). A convicted defendant may waive his right to appeal by failing to take definitive action to pursue the appeal. Gray v. State, 2009 Ark. 419 (per curiam). Petitioner has not met his burden of establishing that there was good cause for his failure to appeal. Accordingly, the motion for belated appeal is denied.
Motion denied.
Miguel Williams, pro se appellant.
No response.