Berks v. State , 2015 Ark. 380 ( 2015 )

Cite as 2015 Ark. 380
SUPREME COURT OF ARKANSAS
No. CR-15-274
JONATHAN BERKS Opinion Delivered October 22, 2015
APPELLANT
APPELLEE’S MOTION TO DISMISS
V. APPEAL
[GARLAND COUNTY CIRCUIT
COURT, NO. 26CR-10-248]
STATE OF ARKANSAS
APPELLEE HONORABLE JOHN HOMER
WRIGHT, JUDGE
MOTION DENIED; BRIEFING
SCHEDULE TO BE SET.
PER CURIAM
Appellant Jonathan Berks filed a motion in this court to proceed with a belated appeal
of the dismissal of his timely petition under Arkansas Rule of Criminal Procedure 37.1 (2014).
Because Berks was not provided timely notice of an order that disposed of a motion for a ruling
on omitted issues, the motion was granted. Berks v. State, 2015 Ark. 234, 463 S.W.3d 289 (per
curiam). The appellee State has now filed a motion to dismiss the appeal on the basis that Berks
failed to file a brief. We deny the motion.
Although the State asserts that Berks has failed to timely file his brief, through clerical
error, no briefing schedule was set. Berks has therefore not failed to submit a timely brief, and
our clerk is again directed to set a briefing schedule.
Motion denied; briefing schedule to be set.