Boyle v. StateBoyle v. State
- Reporters:
- ,
- Before:
- Per Curiam
Following a jury trial, Shannon David Boyle was convicted in Lonoke County Circuit Court on charges of aggravated robbery and theft of property. He was sentenced to sixty years’ imprisonment in the Arkansas Department of Correction for the aggravated robbery offense and thirty years’ imprisonment in the Arkansas Department of Correction and a $6,000 fine for the theft of property offense. The sentences for the two offenses are to be served consecutively. Boyle’s conviction was appealed, and the Arkansas Court of Appeals affirmed in an unpublished opinion, Boyle v. State, CACR 01-1146 (Ark. App. Oct. 9, 2002). The mandate issued October 29, 2002. Boyle filed a petition for postconviction relief under
Appellant raises only one point on appeal, that the trial court erred in summarily dismissing the petition without complying with the provisions of
We do not reverse a denial of postconviction relief unless the trial court’s findings are clearly erroneous. Dansby v. State, 350 Ark. 60, 84 S.W.3d 857 (2002). A finding is clearly erroneous when, although there is evidence to support it, the appellate court after reviewing the entire evidence is left with the definite and firm conviction that a mistake has been committed. Flores v. State, 350 Ark. 198, 85 S.W.3d 896 (2002). If the trial court finds the petition, files and records of a case conclusively show that the petitioner is not entitled to relief,
Arkansas Rules of Criminal Procedure 37.1 (e) requires a petition be no more than ten pages in length, unless the non-complying petition is filed with leave of the court. The trial court’s order and the record provided indicate appellant did not request permission to extend the length of the petition, and the filed petition was thirteen pages. Appellant does not assert that he submitted any request for leave to file a longer petition, but rather contends the trial court consented to accept the petition with any defects when it failed to include page length as one of the reasons for dismissal within the first order of dismissal. Alternatively, appellant asserts the State waived the procedural requirements by failing to raise an objection on this basis earlier. Appellant admits the
Appellant next challenges the trial court’s finding that the petition was not verified by the petitioner. He contends the petition was properly verified because the petition contained a notarized, sworn statement by appellant’s attorney that the contents of the petition were true and correct. The State contends that the verification must be executed directly by the petitioner, not by his attorney. Arkansas Rules of Criminal Procedure 37.1(d) requires that the petition be verified. The rule does not address who may verify the petition. The State cites to language in Westbrook v. State, 286 Ark. 192, 197, 691 S.W.2d 123, 125 (1985) in support of its contention that the petition must be verified by the petitioner. The State does not cite cases, and we have found none, where this court has held that a petition is not verified by the petitioner, where it is verified by the petitioner’s attorney. The trial court’s order provides a citation that apparently was intended to send the reader to Reed v. Baker, 254 Ark. 631, 495 S.W.2d 849 (1973), although the citation provided is incorrect. Reed involves the verification of a petition in an election contest and does not address the question presented here. It is true, however, that the verification requirement for a postconviction relief petition is of substantive importance to prevent perjury. Carey v. State, 268 Ark. 332, 596 S.W.2d 688 (1980). We agree with the trial court that, in order for that purpose to be served, the petitioner must execute the verification, and if the petitioner is represented by counsel, counsel may not sign and verify the petition for him. We affirm on this point, as well.
Since the petition was not verified as required by
Affirmed.