FROM THE HEMPSTEAD COUNTY CIRCUIT COURT [NO. 29CR-18-67],
HONORABLE RANDY WRIGHT, JUDGE
Maurice Trammell, pro se appellant.
Rutledge, Atty Gen., by: Michael L. Yarbrough, Asst Atty
Gen., for appellee.
GRUBER, Chief Judge
Appellant Maurice Trammell appeals from an order of the
Hempstead County Circuit Court denying his petition for
postconviction relief under Rule 37.1 of the Arkansas Rules
of Criminal Procedure as untimely. For reversal, Trammell
argues that his petition was timely filed under the
prison-mailbox rule. We dismiss the appeal.
September 17, 2018, Trammell pleaded no contest to aggravated
robbery in case No. CR-18-67 and theft of property in case
No. CR-18-68, and a sentencing order was entered September
19, 2018. He was sentenced as a habitual offender to twenty
years imprisonment and five years suspended imposition of
sentence on the aggravated-robbery conviction and twenty
years imprisonment on the theft-of-property conviction to be
December 26, 2018, Trammell filed a petition for
postconviction relief under Rule 37 in the aggravated-robbery
case (CR-18-67). The circuit court entered an order on
January 7, 2019, denying the petition as untimely. A notice
of appeal was filed on January 17, 2019.
Ark. R. Crim. P. 37.2(c), if a conviction was obtained on a
guilty plea, a petition for postconviction relief must be
filed within ninety days of the judgment being entered. Here,
the sentencing order was filed September 19, 2018. The
day from that date was December 18, 2018. His petition was
file-marked December 26, 2018, and therefore was outside the
ninety days allowed. However, Trammell argues that he
deposited his petition in the prison-mail system on December
19, and therefore his petition is timely under the
prison-mailbox rule set out in Ark. R. Crim. P. 37.2(g).
supreme court has stated that "a petition under Rule
37.1 is not deemed filed on the date an incarcerated inmate
deposited his or her petition in the prison facilitys legal
mail system unless conditions that are set out in the Rule
have been satisfied." McClinton v. State, 2016
Ark. 461, at 2, 506 S.W.3d 227, 228 (citing Anderson v.
Kelley, 2016 Ark. 46, 2016 WL 447977 (per curiam)).
These are the requirements under Rule 37.2(g): on the date
the petition is deposited in the mail, the petitioner is
confined in a state correctional facility, a federal
correctional facility, or a regional or county detention
facility that maintains a system designed for legal mail; the
petition is filed pro se; the petition is deposited with
first-class postage prepaid, addressed to the clerk of the
circuit court; and the petition contains a notarized
statement by the petitioner in the following form:
I declare under penalty of perjury:
that I am incarcerated in __________
[name of facility ...