¶1 Defendant, Judy L. Jones, has filed a motion for a belated appeal. Attached to the motion is an affidavit from her attorney which states that he notified defendant of her right to appeal and notified her of the 30 day period for giving a notice of appeal. The affidavit further provides, “[D]ue to no response from the defendant, I did not perfect the appeal. . . .” There is no evidence to indicate that defendant expressed a desire to appeal within the 30 day period. A defendant may waive her right to appeal by failure to inform counsel of her desire to appeal. Henderson v. State, 278 Ark. 107, 643 S.W.2d 541 (1982). Therefore, we deny the motion for a belated appeal.
294 Ark. 659
Jones v. State
Decided March 7, 1988
Supreme Court of Arkansas · decided 1988-03-07
Cited by 10 later decisions — most recently March 2017
10 state decisions
Relies on Smith v. Smith · Henderson v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1988-03-07
View the full empirical analysis of this case →