Smith v. State

Appellant was convicted of two counts of aggravated assault and sentenced to six years imprisonment. He appealed. The Court of Appeals dismissed the appeal because no effective notice of appeal was filed. Smith v. State, 49 Ark. App. 73, 896 S.W.2d 450 (1995). Appellant’s attorney subsequently filed a motion styled “Motion For A Belated Appeal” and has stated it was his error that resulted in the failure to give an effective notice of appeal. He asks that, because of his error, we grant a belated appeal.

Under authority of Ark. R. Crim. P. Rule 36.9, we grant belated appeals because of…