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Plunkett v. State

March 20, 2008

DANIEL PLUNKETT PETITIONER
v.
STATE OF ARKANSAS RESPONDENT



PRO SE MOTION TO REVERSE TRIAL COURT'S ORDER OR FOR BELATED APPEAL [CIRCUIT COURT OF POINSETT COUNTY, CR 2003-224, CR 2003-232, HON. VICTOR L. HILL, JUDGE] MOTION TREATED AS MOTION FOR RULE ON CLERK AND DENIED.

Per curiam.

In 2004, petitioner Daniel Plunkett entered a plea of guilty to possession of a controlled substance with intent to deliver and delivery of a controlled substance. He received sixty months' suspended imposition of sentence on one count, and sixty months' probation on the other count. The State thereafter filed a petition to revoke the sentences. The trial court granted the petition and petitioner was sentenced to 240 months' imprisonment on each count to be served concurrently. The Arkansas Court of Appeals affirmed. Plunkett v. State, CACR 06-1064 (Ark. App. May 30, 2007).

Subsequently, appellant filed in the trial court a pro se petition pursuant to Ark. R. Crim. P. 37.1. The trial court denied the petition, and petitioner timely filed a notice of appeal.*fn1 He tendered a partial record on appeal to this court past the ninety days from the date of the notice of appeal within which Ark. R. App. P.--Civ. 5(a) requires that a record be tendered.

Now before us is petitioner's pro se motion to reverse the trial court's order, or for belated appeal, in which petitioner seeks leave to lodge the record belatedly and proceed with an appeal of the order. A motion for belated appeal will be treated as a motion for rule on clerk if a notice of appeal is timely filed. Holland v. State, 358 Ark. 366, 190 S.W.3d 904 (2004) (per ...


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