Cite as 2010 Ark. 60 SUPREME COURT OF ARKANSAS No. CR09-1000 Opinion Delivered February 4, 2010 RICHARD TOMBOLI PRO SE MOTION FOR BELATED PETITIONER APPEAL OF ORDER [LONOKE COUNTY CIRCUIT COURT, CR 2006-79, HON. PHILLIP V. WHITEAKER, JUDGE] STATE OF ARKANSAS MOTION DENIED. RESPONDENT PER CURIAM In 2006, petitioner Richard Tomboli was found guilty by a jury of theft by receiving for which a sentence of 360 months’ imprisonment was imposed. The Arkansas Court of Appeals affirmed. Tomboli v. State, 100 Ark. App. 355, 268 S.W.3d 918 (2007). The court’s mandate was issued on December 18, 2007. On February 25, 2008, sixty-nine days after the mandate was issued, petitioner filed in the trial court a pro se petition for postconviction relief pursuant to Arkansas Criminal Procedure Rule 37.1. (2008). The trial court denied the petition. No appeal was taken and petitioner now seeks leave to proceed with a belated appeal from the order. We need not consider petitioner’s reasons for failing to perfect an appeal because it is clear from the record that the Rule 37.1 petition was not timely filed in the trial court. This court will not permit an appeal from an order that denied a petition for postconviction relief
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