ARKANSAS SUPREME COURT
No. CR 071256
STATE OF ARKANSAS
January 17, 2008
PRO SE MOTION FOR BELATED
APPEAL [CIRCUIT COURT OF
PULASKI COUNTY, CR 20043375,
HON. JOHN W. LANGSTON, JUDGE]
Petitioner Eilert Bertrand was found guilty of capital murder and sentenced to life
imprisonment without parole. This court affirmed the judgment. Bertrand v. State, 363 Ark. 422,
214 S.W.3d 822 (2005). The mandate issued on November 3, 2005.
On January 19, 2006, petitioner filed in the trial court a pro se petition for postconviction
relief under Ark. R. Crim. P. 37.1, which was dismissed as untimely filed by order entered May 11,
2006. Petitioner filed in the trial court a notice of appeal as to that order on August 9, 2006. When
the record was tendered to this court, our clerk correctly declined to file it because the notice of
appeal was not timely filed with the circuit clerk. Petitioner then filed the pro se motion for belated
appeal presently before us on December 4, 2007.
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
1 Petitioner failed to submit either the filing fee or an affidavit of indigency with his motion
when it was tendered. The motion was filed on the date an appropriate affidavit was received.
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. 2(e).
Under Rule 2(e), it is incumbent on a petitioner to file the motion for belated appeal in a timely
manner. Bennett v. State, 362 Ark. 411, 208 S.W.3d 775 (2005) (per curiam) (citing Efurd v. State,
352 Ark. 476, 101 S.W.3d 800 (2003) (per