FROM THE FAULKNER COUNTY CIRCUIT COURT. NO. 23CR-16-959.
HONORABLE CHARLES E. CLAWSON, JR., JUDGE.
James Myers, Pro se, appellant.
Rutledge, Att'y Gen., by: Brad Newman, Ass't
Att'y Gen., for appel.
MEREDITH B. SWITZER, Judge. ABRAMSON and WHITEAKER, JJ.,
B. SWITZER, Judge
11, 2018, appellant Randy James Myers appeared before the
Faulkner County Circuit Court to enter nolo contendere pleas
to one count of conspiracy to commit rape and seven counts of
distributing/possessing/viewing matter depicting sexually
explicit conduct involving a child (child pornography). The
State nolle prossed another twenty-three counts of child
pornography. Myers was sentenced to thirty years on the
conspiracy-to-commit-rape charge and ten years each for four
of the child-pornography charges, with the sentences to run
consecutively. He was sentenced to suspended impositions of
sentence of ten years each on the remaining three
child-pornography charges. Myers subsequently filed a
petition for postconviction relief pursuant to Arkansas
Rule of Criminal Procedure 37.1. The petition was denied
without a hearing, and Myers filed his notice of appeal. We
Denials of postconviction relief are not reversed unless the
circuit court's findings are clearly erroneous. Davis
v. State, 2018 Ark.App. 540, 564 S.W.3d 283. A finding
is clearly erroneous when the appellate court, after
reviewing the entire evidence, is left with the definite and
firm conviction that the circuit court made a mistake.
Id. When reviewing the circuit court's ruling on
a Rule 37.1 petition, the appellant is limited to the scope
and nature of the arguments he made below that were
considered by the circuit court in making its ruling.
Id. We do not address arguments raised for the first
time on appeal, nor do we consider factual substantiation
added to bolster the allegations made below. Id.
groups his arguments into four categories on
appeal. First, he contends that the State
failed to establish proof of the bases for filing
charges— specifically the charge of conspiracy to
commit rape— and argues the State failed to establish a
factual basis for a plea agreement as required by Rule 24.6
of the Arkansas Rules of Criminal Procedure. However, Myers
did not allege in his Rule 37 petition that the circuit court
violated Rule 24.6 and therefore cannot now make that
argument on appeal. Davis, supra.
Second, Myers alleges various evidentiary shortcomings,
including that the State was not required to authenticate the
evidence against him; that the evidence against him was
retrieved from corrupt devices that showed signs of tampering
or corruption; and that there was no properly authenticated
evidence to corroborate the identity of the sender of a text
message. Myers further alleges entrapment due to evidence
tampering and missing text messages.
challenges to the sufficiency of the evidence are not
cognizable in Rule 37.1 proceedings. Scott v. State,2012 Ark. 199, 406 S.W.3d 1. When a plea of guilty or nolo
contendere is entered, the sole issue in postconviction
proceedings is whether the plea was intelligently and
voluntarily entered on advice ...