Noble v. State

Supreme Court of Arkansas

Noble v. State

862 S.W.2d 234, 314 Ark. 240, 1993 Ark. LEXIS 507

CourtSupreme Court of Arkansas

DecidedSeptember 27, 1993

DocketCR 93-427

StatusPublished

Cited by22 cases

This text of 862 S.W.2d 234 (Noble 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.

Bluebook

Noble v. State, 862 S.W.2d 234, 314 Ark. 240, 1993 Ark. LEXIS 507 (Ark. 1993).

Pincite

Opinion

David Newbern, Justice.

Sherman Noble pleaded guilty to capital felony murder and was sentenced to life imprisonment without parole. On appeal, Noble contends the Trial Court should have granted his motion to suppress his in-custody statement made to the police. He argues the statement was involuntary.

The basis of this appeal of a guilty plea conviction is Ark. R. Crim. P. 24.3(b), which states:

(b) With the approval of the court and the consent of the prosecuting attorney, a defendant may enter a conditional plea of guilty or nolo contendré [contendere], reserving in writing the right, on appeal from the judgment, to review of an adverse determination of a pretrial motion to suppress evidence. If the defendant prevails on appeal, he shall be allowed to withdraw his plea.

Nothing before us shows that Mr. Noble conditioned his guilty plea by reserving, in writing, his right to appeal. Nor is there any indication that the Trial Court or the prosecutor consented.

Absent any showing that these requirements were met, we dismiss the appeal.

Appeal dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI