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KING v. STATE

No. CR 95-884.

906 S.W.2d 306 (1995)

321 Ark. 617

Jimmy L. KING, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

September 25, 1995.

Attorney(s) appearing for the Case

Thomas A. Potter, Texarkana, for appellant.

PER CURIAM.

Jimmy L. King moves for a rule on the clerk to file the record in his appeal. In the circumstances presented, we treat the motion as one for a belated appeal. The record has been refused because the notice of appeal was not filed in a timely manner. It was more than 30 days after a new trial motion was deemed denied pursuant to Ark. R.App.P. 4(c).

Mr. King's counsel Thomas A. Potter acknowledges that the notice of appeal was untimely and by affidavit...

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