Whitley v. State

Supreme Court of Arkansas

Whitley v. State

882 S.W.2d 670, 317 Ark. 647, 1994 Ark. LEXIS 453

CourtSupreme Court of Arkansas

DecidedSeptember 12, 1994

DocketCR 94-823

StatusPublished

Cited by1 cases

This text of 882 S.W.2d 670 (Whitley 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.

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Whitley v. State, 882 S.W.2d 670, 317 Ark. 647, 1994 Ark. LEXIS 453 (Ark. 1994).

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Opinion

Per Curiam.

Appellant, J.B. Whitley, was convicted of theft by receiving during a bench trial on November 19, 1993. He was sentenced on January 10, 1994. Appellant’s counsel, William R. Simpson, Jr., filed a notice of appeal on February 7, 1994. However, the order appealed from in this case, the Order of Suspension or Probation, was not filed until March 24, 1994. Thus, the notice of appeal filed in this case was of no effect. Ark. R. App. P. 4; Woods v. State, 316 Ark. 705, 875 S.W.2d 58 (1994); Kelly v. Kelly, 310 Ark. 244, 835 S.W.2d 869 (1992).

Appellant’s counsel has by motion regrettably admitted error in filing the notice of appeal prematurely. Therefore, we grant the motion for belated appeal and direct that a copy of this opinion be forwarded to the Committee on Professional Conduct.

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Per Curiam.

Appellant, J.B. Whitley, was convicted of theft by receiving during a bench trial on November 19, 1993. He was sentenced on January 10, 1994. Appellant’s counsel, William R. Simpson, Jr., filed a notice of appeal on February 7, 1994. However, the order appealed from in this case, the Order of Suspension or Probation, was not filed until March 24, 1994. Thus, the notice of appeal filed in this case was of no effect. Ark. R. App. P. 4; Woods v. State, 316 Ark. 705, 875 S.W.2d 58 (1994); Kelly v. Kelly, 310 Ark. 244, 835 S.W.2d 869 (1992).

Appellant’s counsel has by motion regrettably admitted error in filing the notice of appeal prematurely. Therefore, we grant the motion for belated appeal and direct that a copy of this opinion be forwarded to the Committee on Professional Conduct.

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882 S.W.2d 670, 317 Ark. 647, 1994 Ark. LEXIS 453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitley-v-state-ark-1994.

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