Jones v. State

Full title: Judy L. JONES a/k/a Judy Colvin v. STATE of Arkansas

Court: Supreme Court of Arkansas

Date published: Mar 7, 1988

748 S.W.2d 117 (Ark. 1988)

748 S.W.2d 117

Opinion

Opinion delivered March 7, 1988

APPEAL ERROR — WAIVER OF RIGHT TO APPEAL BY FAILURE TO INFORM COUNSEL. — A defendant may waive her right to appeal by failure to inform counsel of her desire to appeal.

Motion for Belated Appeal; denied.

Donald R. Robert, for appellant.

No objection.

PER CURIAM.

Defendant, Judy L. Jones, has filed a motion for a belated appeal. Attached to the motion is an affidavit from her attorney which states that he notified defendant of her right to appeal and notified her of the 30 day period for giving a notice of appeal. The affidavit further provides, "[D]ue to no response from the defendant, I did not perfect the appeal." There is no evidence to indicate that defendant expressed a desire to appeal within the 30 day period. A defendant may waive her right to appeal by failure to inform counsel of her desire to appeal. Henderson v. State, 278 Ark. 107, 643 S.W.2d 541 (1982). Therefore, we deny the motion for a belated appeal.