Supreme Court of Arkansas
Ybarra v. State
October 24, 20132013 Ark. 423
Summary
The court granted the State's motion to dismiss Amber Ybarra's appeal from the denial of her petition challenging her sentence. It held that, despite being labeled a petition to correct an illegal sentence, the petition asserted claims governed by Rule 37.1 and was untimely under that rule's ninety-day limit for guilty-plea cases. Because the deadline was jurisdictional, the circuit court lacked jurisdiction to grant relief and the appellate court lacked jurisdiction over the appeal.