Thomas Lee Pratt v. State of Arkansas

ARKANSAS SUPREME COURT

No. CR 05-570

NOT DESIGNATED FOR PUBLICATION

THOMAS LEE PRATT

Appellant

v.

STATE OF ARKANSAS

Appellee

Opinion Delivered June 30, 2005

PRO SE MOTIONS TO EXTEND TIME TO FILE BRIEF AND TO FILE HANDWRITTEN BRIEF [CIRCUIT COURT OF CLARK COUNTY, CR 2002-210, HON. JOHN ALEXANDER THOMAS, JUDGE]

APPEAL DISMISSED; MOTIONS MOOT

PER CURIAM

Thomas Lee Pratt was convicted by a jury of the rape of a three-year-old and sentenced to life imprisonment. Pratt appealed and this court affirmed. Pratt v. State, ___ Ark. ___, ___S.W.3d ___ (Sept. 30, 2004). The mandate of that decision issued October 19, 2004. Pratt filed a petition for post conviction relief under Ark. R. Crim. P. 37.1 on January 21, 2005, which was denied by an order entered February 16, 2005. He now has lodged an appeal of that order in this court.

Appellant Pratt has filed motions to extend the time to file appellant's brief and to file a handwritten brief. Because we find that the petition was untimely, we dismiss the appeal and the motions are therefore moot.

This court has consistently held that an appeal of the denial of postconviction relief will not be permitted to go forward where it is clear that the appellant could not prevail. Seaton v. State, 324 Ark. 236, 920 S.W.2d 13 (1996) (per curiam); Harris v. State, 318 Ark. 599, 887 S.W.2d 514 (1994) (per curiam); Reed v. State, 317 Ark. 286, 878 S.W.2d 376 (1994) (per curiam); see Chambers v. State, 304 Ark. 663, 803 S.W.2d 932 (1991) (per curiam); Johnson v. State, 303 Ark. 560, 798 S.W.2d 108 (1990) (per curiam); Williams v. State, 293 Ark. 73, 732 S.W.2d 456 (1987) (per curiam).

Where, as here, an appeal follows a conviction, a petition must be filed within sixty days ofthe date the mandate issued to comply with Ark. R. Crim. P. 37.2(c). The time limitations imposed in Ark. R. Crim. P. 37.2(c) are jurisdictional in nature, and the circuit court may not grant relief on a petition for postconviction relief which is not properly filed. Benton v. State, 325 Ark. 246, 925 S.W.2d 401 (1996) (per curiam). Appellant's petition for postconviction relief under Ark. R. Crim. P. 37.1 was filed by appellant more than sixty days after the mandate issued. His petition was not timely, and the trial court could not grant the relief requested.

Appeal dismissed; motions moot.