In Arkansas, there is no right to appeal from an unconditional guilty plea, but a criminal defendant may appeal from a conditional plea based on the denial of a suppression motion. Hewitt v State, 362 Ark. 369, 370-71 (2005); Ark. R. App. P Crim. 1(a) (“Except as provided by [Ark. R. Cr. P. 24.3(b) for conditional guilty pleas,] there shall be no appeal from a plea of guilty or nolo contendere.”).
In Arkansas, there is no right to appeal from an unconditional guilty plea, but a criminal defendant may appeal from a conditional plea based on the denial of a suppression motion. Hewitt v. State, 362 Ark. 369, 370-71 (2005); Ark. R. App. P. Crim. 1(a) (“Except as provided by [Ark. R. Cr. P. 24.3(b) for conditional guilty pleas,] there shall be no appeal from a plea of guilty or nolo contendere.”).
We do not reach the merits of Ayers's appeal. Generally, under Arkansas Rules of Appellate Procedure-Criminal 1(a), there is no right to appeal a guilty plea, except for a conditional plea of guilty premised on an appeal of the denial of a suppression motion pursuant to Arkansas Rules of Criminal Procedure 24.3. Hewitt v. State, 362 Ark. 369, 370-71, 208 S.W.3d 185, 186 (2005) (per curiam) (citing Seibs v. State, 357 Ark. 331, 166 S.W.3d 16 (2004)). There are two other exceptions to the general rule: (1) when there is a challenge to testimony or evidence presented before a jury in a sentencing hearing separate from the plea itself, and (2) when the appeal is an appeal of a posttrial motion challenging the validity and legality of the sentence itself.
The Arkansas Supreme Court has recognized two additional exceptions to the general rule: “(1) when there is a challenge to testimony or evidence presented before a jury in a sentencing hearing separate from the plea itself; and (2) when the appeal is an appeal of a posttrial motion challenging the validity and legality of the sentence itself.” Hewitt v. State, 362 Ark. 369, 208 S.W.3d 185, 186 (2005) (per curiam).Citing the appeal prohibition set forth in Rule 1(a), the State argues that when a criminal defendant enters an unconditional guilty plea in state court, AEDPA's one-year limitations period begins to run from the date on which the state judgment and commitment order are entered—not from the date on which the thirty-day period in which to file an appeal expires.
Ark. R. App. P. - Criminal 1 (a). There are two exceptions to the general rule: (1) when there is a challenge to testimony or evidence presented before a jury in a sentencing hearing separate from the plea itself and (2) when the appeal is an appeal of a post-trial motion challenging the validity and legality of the sentence itself. See Hewitt v. State, 362 Ark. 369, 208 S.W.3d 185, 186 (2005) (per curiam). Petitioner did not enter a conditional plea and neither exception applies.
To the extent that motion challenged the validity and legality of the sentence itself, it was appealable. See Hewitt v. State, 362 Ark. 369, 208 S.W.3d 185, 186 (2005) (per curiam) (the appeal of a post-trial motion challenging the validity and legality of the sentence is one of the permitted exceptions to the general rule prohibiting an appeal from a guilty plea). See Ark. R. App. P. - Crim 1(a) (a criminal defendant has no right to an appeal from an unconditional guilty plea).
We must therefore dismiss this appeal for lack of jurisdiction. SeeSeibs , 357 Ark. at 335, 166 S.W.3d at 18 ; Tabor v. State , 326 Ark. 51, 930 S.W.2d 319 (1996) ; Hewitt v. State , 362 Ark. 369, 208 S.W.3d 185 (2005) (per curiam). Because Burns received a sentence of life in prison, the record has been reviewed for all errors prejudicial to Burns under Arkansas Supreme Court Rule 4–3(i).
Keck's first three points on appeal, which challenge the circuit court's sentencing-hearing rulings, amount to an appeal of a guilty plea. Generally, there is no right to appeal a guilty plea, except (1) for a conditional plea of guilty premised on an appeal of the denial of a suppression motion pursuant to Arkansas Rule of Criminal Procedure 24.3, (2) when there is a challenge to testimony or evidence presented before a jury in a sentencing hearing separate from the plea itself, or (3) when the appeal is an appeal of a posttrial motion challenging the validity and legality of the sentence itself. Hewitt v. State, 362 Ark. 369, 208 S.W.3d 185 (2005) (per curiam). We cannot entertain the issues raised in Keck's first three points on appeal because they do not fall within any of the exceptions to the general prohibition of appealing a guilty plea.
This court has specifically held that an oral order is not effective until entered of record. See Hewitt v. State, 362 Ark. 369, 208 S.W.3d 185 (2005). Therefore, the circuit court did not ultimately dispose of Branning's petition until July 5, 2009, at which time Branning was in custody.
In addition, this court has specifically held that an oral order is not effective until entered of record. Hewitt v. State, 362 Ark. 369, 208 S.W.3d 185 (2005). In this case, the order requiring the documents to be produced by October 5 was not entered and thus did not become effective until October 8, thus making it impossible for Exigence to comply with the order.