Malone v. State

2015 Ark. 86

• Court: Supreme Court of Arkansas
• Decided: February 26, 2015
• Docket: CR-14-975
• Status: Published

Opinion

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

Ralph Malone, pro se appellant.

No response.