Pounder v. State , 2015 Ark. 138 ( 2015 )

Cite as 2015 Ark. 138
SUPREME COURT OF ARKANSAS
No. CR-14-1057
TERRY JOE POUNDER Opinion Delivered April 2, 2015
APPELLANT
PRO SE MOTION FOR COPY OF
V. APPEAL RECORD
[SEBASTIAN COUNTY CIRCUIT
COURT, FORT SMITH DISTRICT,
STATE OF ARKANSAS NOS. 66CR-04-997, 66CR-04-998, 66CR-
APPELLEE 04-999, 66CR-04-1000, 66CR-04-1160]
HONORABLE STEPHEN TABOR,
JUDGE
APPEAL DISMISSED; MOTION
MOOT.
PER CURIAM
In 2005, appellant Terry Joe Pounder entered a plea of guilty in the Sebastian County
Circuit Court, Fort Smith District, to four counts of aggravated robbery, first-degree criminal
mischief, theft by receiving, and robbery. An aggregate sentence of 396 months’ imprisonment
was imposed. On October 9, 2014, appellant filed a petition in the trial court seeking to proceed
in forma pauperis with a “motion for belated appeal, habeas corpus.” The trial court denied the
petition, and appellant timely lodged an appeal from that order. Now before us is appellant’s
pro se motion for copy of appeal record.
We dismiss the appeal, and the motion is moot inasmuch as it is clear from the record
that appellant could not prevail on appeal. An appeal of the denial of postconviction relief will
not be permitted to go forward when it is clear from the record that the appeal is without merit.
Hinkston v. State, 2014 Ark. 504 (per curiam); Chambliss v. State, 2014 Ark. 188 (per curiam).
Cite as 2015 Ark. 138
The petition to proceed in forma pauperis provides no articulated basis for proceeding
with a motion for belated appeal of the denial of habeas relief. The petition includes only the
statement that appellant desires to file a “motion for belated appeal, habeas corpus.” Even
though the petition to proceed in forma pauperis refers to “habeas,” there is nothing in the
petition to indicate the nature of a habeas petition or the grounds on which petitioner intends
to rely to support his petition to proceed as an indigent. Under such circumstances, we cannot
find any ground to reverse the trial court’s order.
Appeal dismissed; motion moot.
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