Opinion
CR 10-240
Opinion Delivered April 29, 2010
Pro se Motion for Use of Record [Circuit Court of Washington County, CR 2007-1734, Hon. William A. Storey, Judge], Appeal Dismissed; Motion Moot.
On October 29, 2007, judgment was entered reflecting that appellant Robert M. Redfeather had entered a plea of guilty to false imprisonment in the first degree and two counts of aggravated assault of a family member. An aggregate term of 204 months' imprisonment was imposed.
On October 27, 2009, appellant filed in the trial court a pro se petition to correct an illegal sentence pursuant to Arkansas Code Annotated § 16-90-111 (Repl. 2006). The petition was denied, and appellant lodged an appeal in this court from the order. Now before us is appellant's motion seeking use of the record on appeal to prepare the appellant's brief.
We need not consider the motion because it is clear from the record that the petition filed in the trial court was not timely filed. This court will not permit an appeal from an order that denied a petition for postconviction relief to go forward where it is clear that the appellant could not prevail. Mitchael v. State, 2009 Ark. 516 (per curiam) (citing Booth v. State, 353 Ark. 119, 110 S.W.3d 759 (2003) (per curiam)); Pardue v. State, 338 Ark. 606, 999 S.W.2d 198 (1999) (per curiam); Seaton v. State, 324 Ark. 236, 920 S.W.2d 13 (1996) (per curiam).
Arkansas Code Annotated § 16-90-111 has been superseded to the extent that it conflicts with the time limitations for postconviction relief under Arkansas Rule of Criminal Procedure Rule 37.1. DeLoach v. State, 2010 Ark. 79 (per curiam) (citing Womack v. State, 368 Ark. 341, 245 S.W.3d 154 (2006) (per curiam)). As appellant entered a guilty plea to the offenses, he was required to seek relief under the rule within ninety days from the date that the judgment was entered. Ark. R. Crim. P. 37.2(c) (2009); see State v. Wilmoth, 369 Ark. 346, 255 S.W.3d 419 (2007); see also Lauderdale v. State, 2009 Ark. 624 (per curiam). Appellant's petition was filed almost two years after the date that the judgment was entered in his case. Time limitations imposed in Rule 37.2(c) are jurisdictional in nature, and if they are not met, a trial court lacks jurisdiction to grant postconviction relief. DeLoach, 2010 Ark. 79; see also Holloway v. State, 2010 Ark. 42 (per curiam) (citing Maxwell v. State, 298 Ark. 329, 767 S.W.2d 303 (1989)); Buckhanna v. State, 2009 Ark. 490 (per curiam).
Appeal dismissed; motion moot.