ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

June 21, 2001

FRANK WATTS II

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 01-544

PRO SE PETITION FOR WRIT OF CERTIORARI TO COMPLETE THE RECORD [CIRCUIT COURT OF PULASKI COUNTY, NO. CR 97-2871, HON. WILLARD PROCTOR, JUDGE]

PETITION DENIED AND APPEAL DISMISSED

On January 21, 1999, judgment was entered reflecting that Frank Watts II had been found guilty by a jury of multiple felony offenses for which an aggregate term of life imprisonment was imposed. The jury also found Watts to be a habitual offender. No appeal was taken.1 On October 31, 2000, approximately twenty-one months after the judgment of conviction was entered, Watts filed in the trial court a petition for postconviction relief pursuant to Criminal Procedure Rule 37. The petition was denied, and Watts has lodged an appeal of the order in this court.

Now before us is appellant Watts's petition for writ of certiorari to complete the record. We deny the petition and dismiss the appeal because the Rule 37 petition filed in the trial courtwas untimely, and thus appellant was procedurally barred from proceeding under the rule. 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); 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 judgment was entered if the convicted defendant did not appeal from the judgment. As stated, appellant did not appeal from the judgment and he did not file his petition under Rule 37 until approximately twenty-one months after the judgment was entered. Time limitations imposed in Criminal Procedure Rule 37 are jurisdictional in nature, and a circuit court cannot grant relief on an untimely petition. Benton v. State, 325 Ark. 246, 925 S.W.2d 401 (1996); Hamilton v. State, 323 Ark. 614, 918 S.W.2d 113 (1996); Harris v. State, 318 Ark. 599, 887 S.W.2d 514 (1994); Maxwell v. State, 298 Ark. 329, 767 S.W.2d 303 (1989).

Petition denied and appeal dismissed.

1 In 2000, Watts filed a pro se motion here to proceed with a belated appeal of the judgment. We remanded the matter to the trial court for an evidentiary hearing and subsequently denied the motion. Watt v. State, CR 00-201 (Ark. September 28, 2000).