Beene v. State

The Supreme Court denied Petitioner’s pro se motion for belated appeal and rule on clerk seeking to proceed with a belated appeal of the judgment pursuant to Arkansas Rule of Appellate Procedure-Criminal 2(e), holding that the trial court did not err in finding that Petitioner did not articulate a his wish to file an appeal.Petitioner was convicted of sexual assault in the second degree. Petitioner later filed this motion arguing that his trial counsel failed to pursue a timely appeal on his behalf. The Supreme Court remanded the matter for an evidentiary hearing. On remand, after a hearing, the trial court found that Petitioner did not articulate a desire to appeal within the time limit allowed for counsel to file a timely notice of appeal. View "Beene v. State" on Justia Law