Winnett v. State

Appellant entered a negotiated plea of guilty to the offense of rape. More than four years after the judgment had been entered, Appellant filed a motion to withdraw a guilty plea under Ark. R. Crim. P. 26.1, which the circuit court denied as untimely. Appellant appealed and filed a motion to file a belated brief, in which he sought to file a nonconforming brief that he tendered in the appeal. The Supreme Court dismissed the appeal and declared the motion moot, holding that, as the petition was untimely filed, the trial court lacked jurisdiction to grant postconviction relief, and therefore, the Supreme Court also lacked jurisdiction. View "Winnett v. State" on Justia Law