Horton v. State, 2016 Ark. 193

Curtis Lamont Horton was convicted of aggravated residential burglary, theft, and failure to appear; aggregate sentence 708 months; conviction affirmed on direct appeal.
Horton filed a timely, verified Rule 37.1 postconviction petition; the trial court denied relief by order entered September 17, 2014.
No notice of appeal from the Rule 37.1 denial appears in the certified record.
Horton asserts he did not receive a copy of the denial order until February 2015 when the presiding judge sent it, so he missed the 30-day appeal window.
Horton filed a pro se motion for belated appeal on March 7, 2016, within the 18-month period allowed for such motions.
The State/respondent submitted no proof (e.g., clerk affidavit or mailing record) that the order denying Rule 37 relief was mailed to Horton as required by Rule 37.3(d).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Horton's failure to file a timely notice of appeal can be excused	Horton: did not receive notice of the Rule 37.1 denial until after the appeal period expired; seeks belated appeal	Respondent: record lacks a notice of appeal (no affirmative proof presented that the order was mailed)	Court granted belated appeal because the record is silent and respondent offered no proof the order was mailed, invoking Rule 2(e) and Rule 37.3(d)

Bean v. State, 2014 Ark. 440 (per curiam) (Rule 2(e) permits excusing untimely notice of appeal for good reason)
Nelson v. State, 2013 Ark. 316 (per curiam) (Rule 37.3(d) requires circuit court to promptly notify petitioner of orders on Rule 37.1 petitions)
Green v. State, 2015 Ark. 198 (per curiam) (failure to comply with Rule 37.3(d) can constitute good cause to excuse untimely appeal)
Horton v. State, 2014 Ark. App. 250 (affirming underlying convictions)