ARKANSAS SUPREME COURT
No. CR 06-475
NOT DESIGNATED FOR PUBLICATION
STATE OF ARKANSAS
Opinion Delivered June 1, 2006
PRO SE MOTION FOR BELATED
APPEAL [CIRCUIT COURT OF
BOONE COUNTY, CR 2002-348, HON.
JOHNNY RAY PUTMAN, JUDGE]
REMANDED; WRIT OF CERTIORARI
Petitioner Patrick Trowbridge entered pleas of guilty to first-degree murder and kidnapping.
The judgment and commitment order entered June 8, 2004, reflects that petitioner was sentenced to
420 months’ imprisonment on the murder charge and 240 months’ imprisonment on the kidnapping
charge, with the sentences to be served consecutively, for a total sentence of 660 months’
imprisonment in the Arkansas Department of Correction. Petitioner timely filed a pro se petition
for postconviction relief under Ark. R. Crim. P. 37.1, which was denied by order entered November
21, 2005. Petitioner has now tendered a partial record to this court, and brings this motion
requesting belated appeal of that order.
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). The partial record before us shows no notice of
appeal of the November 21, 2005, order. Petitioner now seeks to belatedly file his appeal under Ark.
R. App. P.–Crim. 2 (e).
If a petitioner fails to timely file a notice of appeal, a belated appeal will not be allowed
absent a showing by the petitioner of good cause for the failure to comply with proper procedure.
Garner v. State, 293 Ark. 309, 737 S.W.2d 637 (1987) (per curiam). Petitioner’s motion indicates
that he informed his attorney that he desired to appeal. Although petitioner is now proceeding pro
se, there is reference in the order denying postconviction relief that petitioner was