From Casetext: Smarter Legal Research

Webster v. State

Supreme Court of Arkansas
May 1, 1995
896 S.W.2d 890 (Ark. 1995)

Opinion

CR 95-373

Opinion delivered May 1, 1995

APPEAL ERROR — MOTION FOR RULE ON THE CLERK TREATED AS MOTION FOR BELATED APPEAL — MOTION GRANTED. — The admission by the attorney for the criminal defendant that he failed to verify that the judgment and commitment order had been filed prior to the filing of the motion for a new trial was sufficient for the court to treat the motion for rule on the clerk as a motion for belated appeal, which motion was granted.

Motion for Belated Appeal; granted.

Paul Petty, for appellant.

No response.


Carl Eugene Webster was convicted of possession of a controlled substance, fleeing, resisting arrest, and disorderly conduct and was sentenced to a combined total of 6 years in the Arkansas Department of Correction and a $100 fine. Webster filed a motion for a new trial, but the motion was filed before the judgment and commitment order was entered. The motion was, therefore, untimely and ineffective. See Ark. R. Civ. P. 59; Ark. R. App. P. 4(b). Because the motion for new trial was ineffective and the notice of appeal filed by Webster's attorney, Paul Petty, was based on the motion for new trial and filed more than 30 days after the judgment, the notice of appeal also was of no effect.

Mr. Petty assumes responsibility for not verifying that the judgment and commitment order had been filed prior to the filing of the motion for new trial. Because he has assumed responsibility, we treat the motion for rule on the clerk as a motion for belated appeal, and we grant it. We direct that a copy of this order be filed with the Committee on Professional Conduct. See In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979).


Summaries of

Webster v. State

Supreme Court of Arkansas
May 1, 1995
896 S.W.2d 890 (Ark. 1995)
Case details for

Webster v. State

Case Details

Full title:Carl Eugene WEBSTER v . STATE of Arkansas

Court:Supreme Court of Arkansas

Date published: May 1, 1995

Citations

896 S.W.2d 890 (Ark. 1995)
896 S.W.2d 890

Citing Cases

Robinson v. State

As an initial matter, both the posttrial motions in this matter were ineffective because they were filed…

Breckenridge v. Ashley

[3] In this case, we must determine whether the appellant's motion for new trial was "timely" under Ark. R.…