ARKANSAS SUPREME COURT
No. CR 08-45
ANTHONY D. WHITE
STATE OF ARKANSAS
February 28, 2007
PRO SE MOTION FOR BELATED
APPEAL [CIRCUIT COURT OF
GRANT COUNTY, CR 2005-85,
HON. PHILLIP H. SHIRRON,
REMANDED TO SETTLE THE
A jury found petitioner Anthony D. White guilty of possession of cocaine, simultaneous
possession of drugs and firearms, and possession of a firearm by a felon and sentenced him to an
aggregate term of 1320 months’ imprisonment in the Arkansas Department of Correction. The
Arkansas Court of Appeals affirmed. White v. State, CACR 06799 (Ark. App. Apr. 25, 2007).
Petitioner timely filed in the trial court a petition for postconviction relief under Ark. R. Crim. P.
37.1, which was denied by order entered on August 20, 2007.
Following the entry of that order, the partial record before us indicates that petitioner filed
in the trial court a motion to modify, which requested rehearing of certain issues despite the
prohibition inArk. R. Crim. P. 37.2(d) against consideration of such a request. The trial court denied
that motion, and petitioner filed a notice of appeal for the order entered on August 20, 2007. Each
of these entries in the record bear a file mark of September 25, 2007.
Petitioner now brings this motion for belated appeal, seeking our permission to proceed with
his appeal. A petitioner has the right to appeal a ruling on a petition for postconviction relief. See
Scott v. State, 281 Ark. 436, 664 S.W.2d 475 (1984) (per curiam). However, along with that right
goes the responsibility to timely file a notice of appeal within thirty days of the date the order was
entered in accordance with Ark. R. App. P.–Civ. 4(a). If a petitioner fails to timely file a notice of
appeal, he may move this court to file a belated appeal in accordance with Ark. R. App. P.Crim.
In hismotion, petitioner contends that the circuit clerk received both hismotion for rehearing