Worthington v. State

Worthington has requested that the clerk accept the record tendered as a result of his notice of appeal. The clerk has refused to file the record because it was not tendered in conformance with Ark. R. App. P. 5(a) and 5(b).

Rule 5(a) provides in pertinent part as follows:

The record on appeal shall be filed with the clerk of the Arkansas Supreme Court and docketed therein within 90 days from the filing of the first notice of appeal, unless the time is extended by order of the trial court ....

Rule 5(b) provides in pertinent part as follows:

In cases where there has been designated for inclusion…