Ronnie Lee Smith v. State of Arkansas
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ARKANSAS SUPREME COURT
No.
CR 06-938
NOT DESIGNATED FOR PUBLICATION
RONNIE LEE SMITH
Petitioner
v.
STATE OF ARKANSAS
Respondent
Opinion Delivered
October 12, 2006
PRO SE MOTIONS FOR RULE ON
CLERK AND FOR BELATED APPEAL
[CIRCUIT COURT OF BENTON
COUNTY, CR 2003-342-1, HON. TOM
J. KEITH, JUDGE]
MOTION FOR BELATED APPEAL
DENIED; MOTION FOR RULE ON
CLERK MOOT
PER CURIAM
In 2005, Ronnie Lee Smith entered a plea of guilty to possession of drug paraphernalia with
intent to manufacture (methamphetamine) and received a sentence of fifteen years’ imprisonment.
The judgment and commitment order, which included charges from two other cases, was filed on
August 24, 2005.
Now before the court are petitioner’s pro se motions for belated appeal and for rule on clerk.
In his motion for belated appeal, petitioner contends that he was found guilty by a jury. However,
the certified copy of the judgment and commitment order reflected that petitioner entered a plea of
guilty.
Arkansas Rules of Appellate Procedure–Criminal 1(a) provides that there is no direct appeal
from a plea of guilty, except in those instances where the defendant has entered a conditional plea
of guilty, reserved in writing, to appeal an adverse determination of a pretrial motion to suppress
evidence. Petitioner does not contend, and the record does not reflect, that his plea of guilty was
conditional. As a result, there was no right to appeal from the August 24, 2005, judgment, and the
motion for belated appeal is baseless. Accordingly, the motion is denied. The motion for rule on
clerk is moot.
Motion for belated appeal denied; motion for rule on clerk moot.
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