ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

MARCH 29, 2001

TRUITTE W. LITSCH

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 00-1292

PRO SE MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF [CIRCUIT COURT OF LOGAN COUNTY, SOUTHERN DISTRICT, NO. CR 96-63, HON. PAUL DANIELSON, JUDGE]

MOTION DENIED AND APPEAL DISMISSED

On February 14, 1997, judgment was entered reflecting that Truitt W. Litsch had pleaded guilty to rape for which a sentence of 180 months' imprisonment was imposed. Imposition of an additional sixty months' imprisonment was suspended.

On October 31, 1997, Litsch filed in the trial court a petition for postconviction relief pursuant to Criminal Procedure Rule 37 challenging the judgment. The court denied the petition, and the record on appeal from that order has been lodged here. Now before us is a motion filed by appellant Litsch seeking an extension of time to file the appellant's brief.

The motion is denied, and the appeal is dismissed because the petition filed in the trial court was untimely. This court has consistently held that an appeal of the denial of postconviction relief will not be permitted to go forward when it is clear that appellant could not prevail in the appeal. Seaton v. State, 324 Ark. 236, 920 S.W.2d 13 (1996); Harris v. State, 318 Ark.

599, 887 S.W.2d 514 (1994); Reed v. State, 317 Ark. 286, 878 S.W.2d 376 (1994); see Chambers v. State, 304 Ark. 663, 803 S.W.2d 932 (1991); Johnson v. State, 303 Ark. 560, 798 S.W.2d 108 (1990); Williams v. State, 293 Ark. 73, 732 S.W.2d 456 (1987).

Criminal Procedure Rule 37.2(c) provides in pertinent part that a petition under the rule is untimely if not filed within ninety days of the date the judgment was entered following a plea of guilty. Appellant filed his Rule 37 petition 259 days after the judgment was entered and was thus procedurally barred from proceeding under the rule. The time limitations imposed in Criminal Procedure Rule 37 are jurisdictional in nature; as a result, a circuit court cannot grant relief on an untimely petition. Maxwell v. State, 298 Ark. 329, 767 S.W.2d 303 (1989).

Motion denied and appeal dismissed.