Downing v. State

Appellant John Otto Downing, Jr., by and through his attorney, has filed a motion for belated appeal. His attorney, Dick Jarboe, states in the motion that he erred in filing a notice of appeal from Downing’s entry of a conditional plea of guilty on April 6, 2006, rather than from the April 6, 2006 judgment, as required by Ark. R. Crim. P. 24.3(b) (2006). See McDonald v. State, 354 Ark. 28, 124 S.W.3d 438 (2003).

This court clarified its treatment of motions for rule on clerk and motions for belated appeals in McDonald v. State, 356 Ark. 106, 146 S.W.3d 883 (2004). There we stated that there…