Allen v. State
This text of 553 S.W.2d 690 (Allen v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Petitioner was convicted of first degree rape in the Jefferson County Circuit Court. Petitioner presently alleges that due to retained counsel’s failure to perfect an appeal, petitioner should be granted a belated appeal.
From a review of trial counsel’s response to petitioner’s present motion, it is apparent that a notice of appeal was tendered; however, for some reason, it was not filed on or before the statutory deadline. The filing of a timely notice of appeal is a jurisdictional prerequisite to our review of an appeal. Accordingly, in view of the above findings, we conclude that petitioner’s request for belated appeal should be denied without prejudice to raising these allegations in a postconviction petition filed pursuant to Criminal Procedure Rule 37.
Motion denied.
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Cite This Page — Counsel Stack
553 S.W.2d 690, 261 Ark. 331, 1977 Ark. LEXIS 2081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-state-ark-1977.