Kennedy v. State

2016 Ark. App. 219

• Court: Court of Appeals of Arkansas
• Decided: April 20, 2016
• Docket: CR-15-529
• Status: Published

Opinion

Cite as 2016 Ark. App. 219

ARKANSAS COURT OF APPEALS DIVISION III No. CR-15-529

Opinion Delivered April 20, 2016

APPEAL FROM THE BOONE CASEY D. KENNEDY COUNTY CIRCUIT COURT APPELLANT [NO. 05CR-2014-198]

V. HONORABLE GORDON WEBB, JUDGE

STATE OF ARKANSAS DISMISSED; MOTION TO WITHDRAW APPELLEE GRANTED

LARRY D. VAUGHT, Judge

On October 1, 2014, appellant Casey Kennedy was convicted in the Boone County

District Court of the misdemeanor offense of obstruction of government operations in

violation of Arkansas Code Annotated section 5-54-102 (Supp. 2015). He received a thirty-

day suspended sentence and was fined $265. On November 2, 2014, he appealed the

conviction to the circuit court. The State moved to dismiss the appeal as untimely. The circuit

court found that the appeal was untimely filed and dismissed the case, finding that it lacked

jurisdiction. Kennedy appealed.

Pursuant to Anders v. California, 386 U.S. 738 (1967), and Arkansas Supreme Court Rule

4-3(k), Kennedy’s counsel has filed a motion to withdraw, alleging that this appeal is wholly

without merit, and a brief in which all adverse rulings are abstracted and discussed. 1 Via

1 We previously ordered rebriefing to cure deficiencies in the abstract and addendum. Kennedy v. State, 2016 Ark. App. 19. Those deficiencies have been remedied. Cite as 2016 Ark. App. 219

certified mail, Kennedy was sent a copy of the appellant’s brief, his attorney’s motion to

withdraw, and a letter informing him of his right to file pro se points for reversal. He did not

file pro se points.

The only adverse ruling below was the circuit court’s determination that Kennedy failed

to appeal his district court conviction to the circuit court within the thirty-day period

prescribed by Rule 36 of the Arkansas Rules of Criminal Procedure. A defendant has the

burden to ensure that his appeal from district court is timely filed. See Williams v. State, 2009

Ark. App. 525, 334 S.W.3d 873. The thirty-day filing requirement contained in Rule 36 is

jurisdictional in nature. Frolos v. State, 2010 Ark. App. 498. The record demonstrates that

Kennedy’s circuit-court appeal was filed more than thirty days after the district-court order

had been entered, and he failed to obtain an extension of time. Therefore, because the circuit

court lacked jurisdiction, we also lack jurisdiction to review the circuit court’s order. Johnson v.

Dawson, 2010 Ark. 308, 10, 365 S.W.3d 913, 918 (citing Clark v. Pine Bluff Civil Serv. Comm’n,

353 Ark. 810, 120 S.W.3d 541; Pierce Addition Homeowners Ass’n, Inc. v. City of Vilonia Planning

Comm’n, 76 Ark. App. 393, 65 S.W.3d 485 (2002)) (“Because the circuit court lacked

jurisdiction, this court lacks jurisdiction as well.”).

Dismissed; motion to withdraw granted.

GLADWIN, C.J., and HIXSON, J., agree.

Potts Law Office, by: Gary W. Potts, for appellant.

No response.