Pannell v. State

Appellant was convicted of first degree battery. He appealed. We dismissed the appeal because no effective notice of appeal was filed. Pannell v. State, 320 Ark. 250, 895 S.W.2d 911 (1995). Appellant’s attorney subsequently filed a motion styled “Motion For A Belated Appeal” and has filed a pleading admitting it was her error that resulted in the failure to give an effective notice of appeal. She asks that, because of her error, we grant a belated appeal.

Under authority of A.R.Cr.P. Rule 36.9, we grant belated appeals because of attorneys’ errors, but those are granted before the case has…