Baxter v. State

Appellant Billie Baxter, by and through his attorney, Alvin Schay, has filed a motion for belated appeal. Because the motion actually asks this court for permission to belatedly lodge the record on appeal, we treat the motion as one for rule on the clerk. The tendered record reflects that Appellant was convicted of driving while intoxicated, fourth offense, following a bench trial on February 23, 2004. He filed a notice of appeal on March 22, 2004. The judgment and commitment order, however, was not filed until April 8, 2004. Under Ark. R. App. P.—Civ. 4(a), his notice of appeal is thus…