NOT DESIGNATED FOR PUBLICATION
ARKANSAS SUPREME COURT
No. CR 07-142
STATE OF ARKANSAS
Opinion Delivered April 12, 2007
PRO SE MOTION FOR EXTENSION
OF TIME TO FILE APPELLANT’S
BRIEF [APPEAL FROM THE
CIRCUIT COURT OF MISSISSIPPI
DISTRICT, CR 2004-324, HON.
CINDY GRACE THYER, JUDGE]
APPEAL DISMISSED; MOTION
A jury found appellant Cassandra Johnson guilty of capital murder and aggravated robbery
and sentenced her to life without parole on the murder charge and 240 months imprisonment on the
robbery charge. This court affirmed the judgment. Johnson v. State, 366 Ark. 8, ___ S.W.3d ___
(2006). Appellant filed in the trial court a pro se petition for postconviction relief under Ark. R.
Crim. P. 37.1, which was denied and dismissed as untimely. Appellant has lodged an appeal of that
order in this court, and now brings this pro se motion for an extension of time in which to file
We agree with the trial court’s finding that the petition was untimely, even though an
incorrect time period was indicated in the order, and we must therefore dismiss the appeal. This
court has consistently held that an appeal of the denial of postconviction relief 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); Harris v. State, 318 Ark. 599, 887 S.W.2d 514 (1994) (per curiam); Reed v. State, 317 Ark.
286, 878 S.W.2d 376 (1994) (per curiam).
Arkansas Rule of Criminal Procedure 37.2(c) requires that the petition for postconviction
relief must be filed within sixty days of the date the mandate issued. The trial court incorrectly
calculated the period for filing using the 90 day time period from entry of judgment that is applicable
if no appeal is taken. Here, an appeal was pursued, but appellant’s petition was filed outside either
of the time