Malone v. State

Cite as 2015 Ark. 86
SUPREME COURT OF ARKANSAS
No. CR-14-975
Opinion Delivered February 26, 2015
RALPH MALONE
APPELLANT PRO SE MOTIONS FOR
APPOINTMENT OF COUNSEL AND
V. TO FILE BELATED BRIEF [PULASKI
COUNTY CIRCUIT COURT, NO. 60CR-
STATE OF ARKANSAS 07-4847]
APPELLEE
HONORABLE BARRY A. SIMS, JUDGE
APPEAL DISMISSED; MOTIONS
MOOT.
PER CURIAM
On February 13, 2009, judgment was entered reflecting that appellant Ralph Malone had
entered a plea of guilty to rape and had been sentenced to 180 months’ imprisonment. On
March 18, 2014, appellant filed in the trial court a pro se motion seeking to proceed with a
belated appeal of the judgment. The motion was dismissed on the ground that the trial court
did not have authority to consider it, and appellant lodged an appeal in this court. He now asks
by motions that counsel be appointed to represent him and that he be allowed to file a belated
brief. As it is clear from the record that appellant could not prevail on appeal, the appeal is
dismissed, and the motions are moot. See Winters v. State, 2014 Ark. 399, 441 S.W.3d 22 (per
curiam).
Arkansas Rule of Appellate Procedure–Criminal 2(e) (2014) provides that only this court
may grant leave to proceed with a belated appeal. Gray v. State, 277 Ark. 442, 642 S.W.2d 306
(1982). Accordingly, the trial court did not err in dismissing the motion.
Cite as 2015 Ark. 86
Appeal dismissed; motions moot.
Ralph Malone, pro se appellant.
No response.
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