Supreme Court of Arkansas, 1989

Brown v. State

Brown v. State
Supreme Court of Arkansas · Decided April 17, 1989 · Holt
298 Ark. 396; 767 S.W.2d 313; 1989 Ark. LEXIS 174

Brown v. State

Opinion of the Court

Jack Holt, Jr., Chief Justice.

Appellant Joe Samuel Brown pleaded guilty to first degree battery and was sentenced to a five-year term. He filed a Rule 37 petition for post-conviction relief, which was denied by Judge Berlin C. Jones without an evidentiary hearing. On appeal, Brown contends the Rule 37 court erred in failing to (1) conduct an evidentiary hearing; (2) obtain a transcript of prior proceedings; and (3) grant his petition.

Ordinarily, the judgment or decree appealed from is an essential component of the abstract. Davis v. Wingfield, 297 Ark. 57, 759 S.W.2d 219 (1988). Because Brown did not abstract the court’s order denying the petition, we must affirm. Ark. Sup. Ct. R. 9(d).

Affirmed.

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