ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

NOVEMBER 20, 2003

CALVIN BUSH

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 03-1020

PRO SE MOTION FOR BELATED APPEAL OF JUDGMENT [CIRCUIT COURT OF DREW COUNTY, NO. CR 2002-11-3, HON. ROBERT BYNUM GIBSON, JR., JUDGE]

MOTION DENIED

Per Curiam

On September 6, 2002, judgment was entered reflecting that Calvin Bush had entered a plea of guilty to committing a terroristic act and the offense of being a felon in possession of a firearm. He elected to be sentenced by a jury. The jury found him to be a habitual offender and imposed an aggregate sentence of 960 months' imprisonment. The judgment and commitment order indicates that Bush was advised of his right to appeal from the sentence imposed, but no appeal was taken. He now seeks to proceed with a belated appeal of the sentence pursuant to Rule 2(e) of the Rules of Appellate Procedure--Criminal, which permits a belated appeal in a criminal case in some instances.

Petitioner Bush does not contend that he ever advised his attorney that he desired to appeal. Instead, he contends that an appeal would have been well-founded as a result of trial error.

Rule 16 of the Rules of Appellate Procedure--Criminal provides in pertinent part that trial counsel, whether retained or court appointed, shall continue to represent a convicted defendant throughout any appeal, unless permitted by the trial court or the appellate court to withdraw in the interest of justice or for other sufficient cause. We have held, however, that a defendant may waive his right to appeal by his failure to inform counsel of his desire to appeal within the thirty-day period to file a timely notice of appeal. Sanders v. State, 330 Ark. 851, 956 S.W.2d 868 (1997; Jones v. State, 294 Ark.659, 748 S.W.2d 117 (1988). Inasmuch as petitioner does not contend that he ever asked his attorney to appeal, we conclude that he waived his right to appeal the sentence by his failure to act.

Motion denied.