ARKANSAS SUPREME COURT
No. CR 07744
STATE OF ARKANSAS
November 1, 2007
PRO SE MOTION FOR EXTENSION
OF TIME TO FILE APPELLANT’S
BRIEF [CIRCUIT COURT OF
FAULKNER COUNTY, CR 200636, CR
2006235, HON. CHARLES EDWARD
CLAWSON, JR., JUDGE]
APPEAL DISMISSED; MOTION
In 2006, appellant Bobby Olles entered a plea of guilty to one count of theft by receiving in
CR 200636, and one count of theft by receiving in CR 2006235. He was sentenced as a habitual
offender to 120 months’ imprisonment on each count to be served concurrently and was ordered to
pay restitution in addition to costs and fees. The judgment filed on December 11, 2006, reflected the
sentences for both criminal cases.
Subsequently, appellant timely filed in the trial court a pro se petition to correct an illegal
sentence pursuant to Ark. Code Ann. §1690111 (Supp. 2003). The trial court denied the petition
without a hearing, and appellant has lodged an appeal here from the order.
Now before us is appellant’s pro se motion for extension of time to file appellant’s brief. We
need not consider the motion as it is apparent that appellant could not prevail in this appeal, if it were
permitted to go forward. Accordingly, we dismiss the appeal and hold the motion moot. This court
has consistently held that an appeal from an order that denied a petition for postconviction relief, or
other civil remedy, will not be permitted to go forward where it is clear that the appellant could not
prevail. Pardue v. State, 338 Ark. 606, 999 S.W.2d 198 (1999) (per curiam); Seaton v. State, 324
Ark. 236, 920 S.W.2d 13 (1996) (per curiam).
An illegal sentence is one that is illegal on its face. Lovelace v. State, 301 Ark. 519, 785
S.W.2d 212 (1990). We have previously observed that a sentence is “illegal on its face” when it
exceeds the statutory maximum for the offense for which the defendant was convicted. Fritts v.
State, 298 Ark. 533, 768 S.W.2d 541 (1989).