Kennedy v. State , 2016 Ark. App. 219 ( 2016 )

Cite as 2016 Ark. App. 219
ARKANSAS COURT OF APPEALS
DIVISION III
No. CR-15-529
Opinion Delivered April 20, 2016
APPEAL FROM THE BOONE
CASEY D. KENNEDY COUNTY CIRCUIT COURT
APPELLANT [NO. 05CR-2014-198]
V. HONORABLE GORDON WEBB,
JUDGE
STATE OF ARKANSAS DISMISSED; MOTION TO WITHDRAW
APPELLEE GRANTED
LARRY D. VAUGHT, Judge
On October 1, 2014, appellant Casey Kennedy was convicted in the Boone County
District Court of the misdemeanor offense of obstruction of government operations in
violation of Arkansas Code Annotated section 5-54-102 (Supp. 2015). He received a thirty-
day suspended sentence and was fined $265. On November 2, 2014, he appealed the
conviction to the circuit court. The State moved to dismiss the appeal as untimely. The circuit
court found that the appeal was untimely filed and dismissed the case, finding that it lacked
jurisdiction. Kennedy appealed.
Pursuant to Anders v. California, 386 U.S. 738 (1967), and Arkansas Supreme Court Rule
4-3(k), Kennedy’s counsel has filed a motion to withdraw, alleging that this appeal is wholly
without merit, and a brief in which all adverse rulings are abstracted and discussed. 1 Via
1 We previously ordered rebriefing to cure deficiencies in the abstract and addendum.
Kennedy v. State, 2016 Ark. App. 19. Those deficiencies have been remedied.
Cite as 2016 Ark. App. 219
certified mail, Kennedy was sent a copy of the appellant’s brief, his attorney’s motion to
withdraw, and a letter informing him of his right to file pro se points for reversal. He did not
file pro se points.
The only adverse ruling below was the circuit court’s determination that Kennedy failed
to appeal his district court conviction to the circuit court within the thirty-day period
prescribed by Rule 36 of the Arkansas Rules of Criminal Procedure. A defendant has the
burden to ensure that his appeal from district court is timely filed. See Williams v. State, 2009
Ark. App. 525, 334 S.W.3d 873. The thirty-day filing requirement contained in Rule 36 is
jurisdictional in nature. Frolos v. State, 2010 Ark. App. 498. The record demonstrates that
Kennedy’s circuit-court appeal was filed more than thirty days after the district-court order
had been entered, and he failed to obtain an extension of time. Therefore, because the circuit
court lacked jurisdiction, we also lack jurisdiction to review the circuit court’s order. Johnson v.
Dawson, 2010 Ark. 308, 10, 365 S.W.3d 913, 918 (citing Clark v. Pine Bluff Civil Serv. Comm’n,
353 Ark. 810, 120 S.W.3d 541; Pierce Addition Homeowners Ass’n, Inc. v. City of Vilonia Planning
Comm’n, 76 Ark. App. 393, 65 S.W.3d 485 (2002)) (“Because the circuit court lacked
jurisdiction, this court lacks jurisdiction as well.”).
Dismissed; motion to withdraw granted.
GLADWIN, C.J., and HIXSON, J., agree.
Potts Law Office, by: Gary W. Potts, for appellant.
No response.
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