{
  "id": 4017489,
  "name": "Larry PETERS v. STATE of Arkansas",
  "name_abbreviation": "Peters v. State",
  "decision_date": "2007-04-12",
  "docket_number": "CR 06-1188",
  "first_page": "421",
  "last_page": "422",
  "citations": [
    {
      "type": "official",
      "cite": "369 Ark. 421"
    },
    {
      "type": "parallel",
      "cite": "255 S.W.3d 476"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "348 Ark. 610",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        74101
      ],
      "weight": 3,
      "year": 2002,
      "opinion_index": 0,
      "case_paths": [
        "/ark/348/0610-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T18:01:48.941240+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Larry PETERS v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nA judgment and commitment order entered on July 22, 2005, indicates that Larry Peters was found guilty by a jury of possession of a controlled substance (cocaine) with intent to deliver, delivery of a controlled substance (cocaine), possession of drug paraphernalia, and theft by receiving, and that he received an aggregate sentence of 20 years\u2019 or 240 months\u2019 imprisonment in the Arkansas Department of Correction. On December 14, 2006, we remanded this case and issued a writ of certiorari, directing the circuit court to enter findings with this court within 60 days regarding whether Mr. Peters advised his trial counsel, Mr. Billy Moritz, that he wished to appeal within 30 days from the date the judgment was entered. See Ark. R. App. P. \u2014 Crim. 2(e) (2006).\nThe circuit court was untimely in tendering the findings due to the Nevada County Sheriff s Office\u2019s failure to transport Mr. Peters on the date of the scheduled hearing, February 6, 2007. The circuit court rescheduled the hearing and conducted it on March 14, 2007. The circuit court, thereafter, entered its findings on March 16, 2007. The State now asks that we grant a belated return of a writ of certiorari in order to take notice of the circuit court\u2019s findings. We grant the State\u2019s motion to file the belated writ and deny Mr. Peters\u2019s request for a belated appeal.\nWhile it is well settled that a defendant has the right to appeal the judgment, a belated appeal is not proper when a defendant waives his or her right to appeal by failing to inform trial counsel of their intent to appeal within 30 days of the entry of the judgment. See Strom v. State, 348 Ark. 610, 74 S.W.3d 233 (2002). At the hearing, the circuit court concluded: \u201cI am finding that Mr. Moritz did advise [Mr. Peters] of the right to appeal, and [Mr. Peters], at that time, did not want to appeal.\u201d Based on these findings, we must conclude that Mr. Peters waived his right to appeal when he failed to timely inform his counsel of his intent to appeal. See id. Consequently, Peters\u2019s motion to file a belated appeal is denied.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Billy Moritz, for appellant.",
      "Mike Beebe, Att\u2019y Gen., by: David R. Raupp, Sr. Ass\u2019t Att\u2019y Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Larry PETERS v. STATE of Arkansas\nCR 06-1188\n255 S.W.3d 476\nSupreme Court of Arkansas\nOpinion delivered April 12, 2007\nBilly Moritz, for appellant.\nMike Beebe, Att\u2019y Gen., by: David R. Raupp, Sr. Ass\u2019t Att\u2019y Gen., for appellee."
  },
  "file_name": "0421-01",
  "first_page_order": 451,
  "last_page_order": 452
}