BRUNDAGE v. STATE

No. CR 88-216.

770 S.W.2d 122 (1989)

298 Ark. 606

Daniel R. BRUNDAGE, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

May 15, 1989.


Attorney(s) appearing for the Case

Robert S. Blatt, Fort Smith, for appellant.

Ann Purvis, Asst. Atty. Gen., Little Rock, for appellee.


HICKMAN, Justice.

The appellant's motion to set aside his plea of nolo contendere was denied by the trial court. We reverse and remand.

The motion was filed after a commitment order was entered, making it untimely under A.R.Cr.P. Rule 26. But the trial judge addressed the merits of the motion, so we will consider this an appeal from a denial of A.R.Cr.P. Rule 37 relief.

The trial judge failed to comply with the most fundamental requirements...

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