ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

JUNE 26, 2003

HAROLD EUGENE SMITH

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 03-337

PRO SE MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF [CIRCUIT COURT OF PULASKI COUNTY, NO. CR 98-3151, HON. JOHN LANGSTON, JUDGE]

MOTION MOOT; APPEAL DISMISSED

On June 6, 2000, judgment was entered reflecting that Harold Eugene Smith had entered a plea of guilty to murder in the first degree and attempted aggravated robbery. An aggregate sentence of 420 months' imprisonment was imposed.

In 2002, Smith filed in the trial court a pro se petition to reduce the sentence pursuant to Ark. Code Ann.§ 16-90-111 (Supp. 1995). The court denied the petition, and the record has been lodged here on appeal.

Now before us is appellant Smith's motion for extension of time to file the appellant's brief. Because we find that the trial court did not err when it denied relief, we dismiss the appeal. The motion is 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); 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).

Appellant was procedurally barred from proceeding under Ark. Code Ann. § 16-90-111 (Supp. 1995) in that the petition filed in the trial court was untimely. Criminal Procedure Rule 37.2 (b) has superseded Ark. Code Ann. § 16-90-111 (Supp. 1995); Reed v. State, 317 Ark. 286, 878 S.W.2d 378 (1994), citing Hickson v. State, 316 Ark. 783, 875 S.W.2d 492 (1994). Rule 37 provides that all grounds for postconviction relief must be raised in a petition under the rule filed within ninety days of the date that the judgment was entered pursuant to a plea of guilty. The time limitations imposed in Rule 37 are jurisdictional in nature, and a circuit court may not grant relief on a untimely postconviction petition whether it be filed under Rule 37 or Ark. Code Ann. 16-90-111. See Maxwell v. State, 298 Ark. 329, 767 S.W.2d 303 (1989).

Motion moot; appeal dismissed.

Corbin, J., not participating.