ARKANSAS SUPREME COURT
No. CR 06-425
NOT DESIGNATED FOR PUBLICATION
STATE OF ARKANSAS
Opinion Delivered May 11, 2006
PRO SE MOTION FOR BELATED
APPEAL OF JUDGMENT [CIRCUIT
COURT OF FAULKNER COUNTY, CR
2004-1061, HON. MICHAEL A.
On October 1, 2004, judgment was entered reflecting that petitioner Detrick Croston had
been found guilty by a jury of aggravated robbery and sentenced as a habitual offender to a term of
180 months’ imprisonment. The judgment further reflected that petitioner had been found guilty of
theft of property, a misdemeanor, for which a fine of $1,000.00 was imposed. No appeal was taken
from the judgment, and petitioner, proceeding pro se, now seeks leave to proceed with a belated
Belated appeals in criminal cases are governed by Rule 2(e) of the Rules of Appellate
Procedure--Criminal. The rule provides in pertinent part that "no motion for belated appeal shall be
entertained by the Supreme Court unless application has been made to the Supreme Court within
eighteen (18) months of the date of entry of judgment...." Petitioner first tendered the motion for
belated appeal here on January 13, 2006, but he did not tender the certified partial record necessary
to file the motion until April 19, 2006. The eighteen-month period to file a motion for belated appeal
in the instant case elapsed on April 1, 2006.
It is incumbent on a petitioner to file a record supporting the motion for belated appeal in a
timely manner inasmuch as an untimely motion for belated appeal is subject to dismissal. Hayes v.
State, 328 Ark. 95, 940 S.W.2d 886 (1997) (per curiam). As petitioner failed to file the motion
within the period allowed by Ark. R. App. P.–Crim. 2(a), the motion is dismissed.