Robinson v. State , 2014 Ark. 335 ( 2014 )

Cite as 2014 Ark. 335
SUPREME COURT OF ARKANSAS
No. CR-14-390
Opinion Delivered July 31, 2014
PRO SE APPELLANT’S MOTION
WILLIAM EARL ROBINSON FOR APPOINTMENT OF COUNSEL
APPELLANT [PULASKI COUNTY CIRCUIT
COURT, NO. 60CR-12-2206]
V.
HONORABLE BARRY SIMS, JUDGE
STATE OF ARKANSAS
APPELLEE
APPEAL DISMISSED; MOTION
MOOT.
PER CURIAM
On January 18, 2013, judgment was entered in the Pulaski County Circuit Court
reflecting that appellant William Earl Robinson had entered a negotiated plea of guilty to
negligent homicide. A sentence of 180 months’ imprisonment was imposed.
On August 19, 2013, appellant filed in the trial court a pro se petition for
postconviction relief pursuant to Arkansas Rule of Criminal Procedure 37.1 (2013). The
petition was dismissed on the ground that it was not timely filed, and appellant lodged an
appeal in this court from the order. Now before us is appellant’s motion for appointment of
counsel. We dismiss the appeal, as it is evident from the record that appellant could not
succeed on appeal. 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.
Smith v. State, 2013 Ark. 422 (per curiam); Murphy v. State, 2013 Ark. 243 (per curiam). The
Cite as 2014 Ark. 335
motion is rendered moot by the dismissal of the appeal.
Arkansas Rule of Criminal Procedure 37.2(c) requires that, when an appellant entered
a plea of guilty, a petition under the Rule must be filed in the trial court within ninety days
of the date of entry of judgment. Ark. R. Crim. P. 37.2(c)(i). Appellant filed his petition 213
days after the judgment had been entered. The 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. Ussery v. State, 2014 Ark. 186 (per curiam); Talley v. State, 2012 Ark.
314 (per curiam); Benton v. State, 325 Ark. 246, 925 S.W.2d 401 (1996) (per curiam). The
petition before the trial court was not timely filed as to the judgment-and-commitment order;
thus, the trial court lacked jurisdiction to grant the relief sought. When the lower court lacks
jurisdiction, the appellate court also lacks jurisdiction. Green v. State, 2014 Ark. 115 (per
curiam).
Appeal dismissed; motion moot.
William Earl Robinson, pro se appellant.
No response.
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