Brown v. State

Johnny R. Brown, by his attorney, has filed a motion for a rule on the clerk. His attorney, Howard M. Holthoff, states by motion that he timely tendered the transcript on its due date, June 7, 1995, and that thereafter, he was notified the transcript could not be filed because the notice of appeal was filed prior to the judgment. The notice of appeal was filed of record on November 7, 1994, at 11:50 a.m., while the judgment was entered of record November 7,1994, at 2:00 p.m. Thus, the notice of appeal was of no effect. Ark. R. App. P. 4; Woods v. State, 316 Ark. 705, 873 S.W.2d 562 (1994)…