ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

DECEMBER 18, 2003

RICHARD D. MORRIS

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 03-1202

PRO SE MOTION FOR BELATED APPEAL OF JUDGMENT OF CONVICTION [CIRCUIT COURT OF GARLAND COUNTY, NO. CR 99-255, HON. JOHN WRIGHT, JUDGE]

MOTION DISMISSED

Per Curiam

On September 28, 2000, judgment was entered reflecting that Richard Morris had been found guilty of theft of a firearm by receiving and placed on probation for sixty months. No appeal was taken, and Morris 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).

The motion for belated appeal was filed by petitioner on October 24, 2003, which was approximately thirty-seven months after the judgment was entered. Belated appeals in criminal cases are governed by Rule 2(2) of the Rules of Appellate Procedure--Criminal. The rule provides in pertinent part that "no motion for belated appeal shall be entertained by the Supreme Court unless application has been made to the Supreme Court within eighteen (18) months of the date of entry of judgment...." Petitioner did not diligently pursue his remedy pursuant to Rule 2(2) and thus waived his right to appeal from the judgment.

Motion dismissed.