Cook v. State

Summary

The court treated Cook’s timely motion for belated appeal as a motion for a rule on the clerk to perfect the appeal. Because the record lacked a file-marked Rule 37.1 petition, the court could not determine when it was filed or whether the circuit court had jurisdiction to consider it. The matter was remanded for the circuit clerk to determine the petition’s correct file-mark date and for the circuit court to rule on jurisdiction and the petition accordingly.