Cite as 2024 Ark. App. 314
ARKANSAS COURT OF APPEALS
DIVISION III
No. CR-23-207
TIMOTHY JACKSON APPELLANT
V.
STATE OF ARKANSAS APPELLEE |
Opinion Delivered May 15, 2024
APPEAL FROM THE MILLER COUNTY CIRCUIT COURT [NO. 46CR-21-169]
HONORABLE L. WREN AUTREY, JUDGE
APPEAL DISMISSED |
N. MARK KLAPPENBACH, Judge
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In a hearing conducted on January 19, 2023, appellant, Timothy Jackson, entered no-contest pleas in two cases, 46CR-21-169 (a probation revocation) and 46CR-22-141 (failure to comply with the sex-offender-registration act). At that hearing, the circuit court sentenced him to concurrent five-year prison sentences. After the circuit court’s acceptance of the pleas in open court, Jackson filed a pro se “Motion to Dismiss Probation Violation” in the revocation case. The circuit court subsequently entered two sentencing orders, one for each case, on February 2, 2023. On April 12, 2023, we entered an order permitting Jackson to belatedly appeal only the revocation case, 46CR-21-169. Jackson’s appointed attorney has filed an appellant’s brief arguing that the circuit court erred by not conducting a plea-withdrawal hearing in both cases.
Jackson failed to appeal from the failure-to-register conviction, 46CR-22-141, so there is no appeal before us from that order. Except as provided by Arkansas Rule of Criminal Procedure 24.3(b), an appellant has no right to appeal from a plea of guilty or nolo contendere. Ark. R. App. P.-Crim. 1(a); Harmon v. State, 2024 Ark. App. 141, 685 S.W.3d 335. A defendant may not withdraw his plea of no contest as a matter of right after it has been accepted by the circuit court. Ark. R. Crim. P. 26.1(a) (2023). None of the exceptions apply here. Thus, we dismiss Jackson’s appeal of the revocation proceeding.
Appeal dismissed.
Harrison, C.J., and Murphy, j., agree.
Dusti Standridge, for appellant.
Tim Griffin, Att’y Gen., by: Kent G. Holt, Ass’t Att’y Gen., for appellee.