Cherry v. State

Tom Glaze, Justice.

Appellant Kyle Cherry files this appeal from a trial court decision, denying his Rule 37 post-conviction petition. The trial court held Cherry’s petition was untimely, citing Fox v. State, 309 Ark. 619, 832 S.W.2d 244 (1992), as controlling.

Procedurally, this case commenced with the state initiating a murder in the first-degree charge against Cherry. On July 14, 1989, Cherry pled guilty, and his conviction and life imprisonment sentence were entered on July 17, 1989. Cherry filed a timely appeal, and this court affirmed Cherry’s conviction on June 11, 1990. Cherry v. State,…