Malone v. State , 2015 Ark. 86 ( 2015 )


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  •                                      Cite as 
    2015 Ark. 86
    
                      SUPREME COURT OF ARKANSAS
                                            No.   CR-14-975
    
                                                       Opinion Delivered   February 26, 2015
    
    RALPH MALONE
                                   APPELLANT           PRO SE MOTIONS FOR
                                                       APPOINTMENT OF COUNSEL AND
    V.                                                 TO FILE BELATED BRIEF [PULASKI
                                                       COUNTY CIRCUIT COURT, NO. 60CR-
    STATE OF ARKANSAS                                  07-4847]
                                     APPELLEE
                                                       HONORABLE BARRY A. SIMS, JUDGE
    
                                                       APPEAL DISMISSED; MOTIONS
                                                       MOOT.
    
                                           PER CURIAM
    
           On February 13, 2009, judgment was entered reflecting that appellant Ralph Malone had
    
    entered a plea of guilty to rape and had been sentenced to 180 months’ imprisonment. On
    
    March 18, 2014, appellant filed in the trial court a pro se motion seeking to proceed with a
    
    belated appeal of the judgment. The motion was dismissed on the ground that the trial court
    
    did not have authority to consider it, and appellant lodged an appeal in this court. He now asks
    
    by motions that counsel be appointed to represent him and that he be allowed to file a belated
    
    brief. As it is clear from the record that appellant could not prevail on appeal, the appeal is
    
    dismissed, and the motions are moot. See Winters v. State, 
    2014 Ark. 399
    , 
    441 S.W.3d 22
     (per
    
    curiam).
    
           Arkansas Rule of Appellate Procedure–Criminal 2(e) (2014) provides that only this court
    
    may grant leave to proceed with a belated appeal. Gray v. State, 
    277 Ark. 442
    , 
    642 S.W.2d 306
    
    (1982). Accordingly, the trial court did not err in dismissing the motion.
                                 Cite as 
    2015 Ark. 86
    
    Appeal dismissed; motions moot.
    
    Ralph Malone, pro se appellant.
    
    No response.
    
    
    
    
                                          2
    

Document Info

DocketNumber: CR-14-975

Citation Numbers: 2015 Ark. 86

Judges: Per Curiam

Filed Date: 2/26/2015

Precedential Status: Precedential

Modified Date: 2/26/2015