ARKANSAS SUPREME COURT
No. CR 08104
TERRY B. POTTS
STATE OF ARKANSAS
March 6, 2008
PRO SE MOTION FOR BELATED
APPEAL [CIRCUIT COURT OF
PULASKI COUNTY, CR 20052183,
HON. JOHN W. LANGSTON, JUDGE]
Now before us is petitioner TerryB. Pott’s pro se motion for belated appeal pursuant to Ark.
R. App. P.–Crim. 2(e) seeking to proceed with the appeal of the trial court’s order denying his
petition pursuant to Ark. R. Crim. P. 37.1. We need not consider petitioner’s reasons for failing to
perfect the appeal because it is clear that petitioner could not prevail on appeal. Johnson v. State, 362
Ark. 453, 208 S.W.3d 783 (2005) (per curiam).
If an appeal was taken from the judgment of conviction, a petition under Rule 37.1 must be
filed in the trial court within sixty days of the date the mandate was issued by the appellate court.
Ark. R. Crim. P. 37.2(c). Here, the mandate was issued by the Arkansas Court of Appeals on April
10, 2007, and petitioner’s Rule 37.1 petition was filed on July 17, 2007, whichwas ninetyeight days
after the mandate was issued. Time limitations imposed in Rule 37.2(c) are jurisdictional in nature,
and if they are not met, a trial court lacks jurisdiction to consider a Rule 37.1 petition. Maxwell v.
State, 298 Ark. 329, 767 S.W.2d 303 (1989).