ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

JANUARY 18, 2001

RICHARD DAVIS

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 00-899

PRO SE MOTION FOR BELATED APPEAL OF JUDGMENT [CIRCUIT COURT OF PULASKI COUNTY, NO. CR 87-1540, HON. JACK LESSENBERRY, JUDGE]

MOTION DISMISSED

On March 30, 1988, judgment was entered reflecting that Richard Davis had been found guilty by a jury of capital murder, aggravated robbery, and theft of property and sentenced to an aggregate term of life imprisonment without parole. No appeal was taken, and Davis now seeks leave to proceed with a belated appeal of the judgment.

Before any examination of the merits of the motion for belated appeal can be undertaken, it must be determined whether the motion was timely filed. We conclude that it was not and dismiss the motion. Hayes v. State, 328 Ark. 95, 940 S.W.2d 886 (1997).

Belated appeals in criminal cases at the time petitioner was convicted were governed by Criminal Procedure Rule 36.9. The rule provided in pertinent part that no motion for belated appeal would be entertained by the Supreme Court unless application was made to the Supreme Court within eighteen (18) months of the date of entry of the judgment.1 Petitioner filed themotion for belated appeal here more than twelve years from the date the judgment was entered. It is incumbent on a petitioner to file the motion in a timely manner if the petitioner desires this court to consider whether to permit a belated appeal. Hayes, supra. The petitioner here did not do so and thus waived his right to appeal from the judgment.

Motion dismissed.

1 Criminal Procedure Rule 36.9 was superseded by Rule 2(e) of the Rules of Appellate Procedure--Criminal. The provision requiring motions for belated appeal to be filed withineighteen months of the judgment remains a part of the rule.