02 13 MOTION FOR BELATED APPEAL

• Jurisdiction: Arkansas
• Library: Arkansas Form Book - Complete (2024 Supplement)

02-13 MOTION FOR BELATED APPEAL

[SUPREME COURT CAPTION]
MOTION FOR BELATED APPEAL

[appellant name] moves for a belated appeal, and [he/she] states:

1. On [trial date], Appellant was tried in a [bench/jury] trial in [county] County, [trial court docket number], for [state charges].

2. [He/She] was convicted and sentenced to [sentence][, pronounced from the bench]. The sentence is still in effect.

3. Appellant was advised of [his/her] right to appeal by the trial judge. ([transcript reference]).

4. The original sentencing order was entered [date of original sentencing order].

[5. Defendant instructed his lawyer to appeal the conviction, but, according to CourtConnect, no notice of appeal was ever filed.

6. Defense counsel's inaction has delayed the appeal.]

[5. Appellant's notice of appeal was filed [date of filing of notice of appeal].

6. The court reporter produced the transcript [date court reporter produced transcript].]

[7. An amended sentencing order was entered [date amended sentencing order entered].

8. According to the Circuit Court entries on CourtConnect, no notice of appeal was filed from the amended sentencing order.]

[9]. The record prepared was never filed with this Court, also according to Court-Connect.]

[10]. Every person convicted of a felony or misdemeanor in Circuit Court has a right to appeal. Ark. R. App. P. - Crim. 1(a). In Langston v. State, 341 Ark. 739, 742, 19 S.W.3d 619, 621 (2000), this Court said:

Under no circumstances may an attorney who has not been relieved by the trial court abandon an appeal where he is aware within the thirty days allowed to file a notice of appeal that the convicted defendant desires to appeal simply because defendant cannot pay for the appeal. A convicted

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