Cite as 2015 Ark. 380

SUPREME COURT OF ARKANSAS No. CR-15-274

JONATHAN BERKS Opinion Delivered October 22, 2015 APPELLANT APPELLEE’S MOTION TO DISMISS V. APPEAL [GARLAND COUNTY CIRCUIT COURT, NO. 26CR-10-248] STATE OF ARKANSAS APPELLEE HONORABLE JOHN HOMER WRIGHT, JUDGE

MOTION DENIED; BRIEFING SCHEDULE TO BE SET.

PER CURIAM

Appellant Jonathan Berks filed a motion in this court to proceed with a belated appeal

of the dismissal of his timely petition under Arkansas Rule of Criminal Procedure 37.1 (2014).

Because Berks was not provided timely notice of an order that disposed of a motion for a ruling

on omitted issues, the motion was granted. Berks v. State, 2015 Ark. 234, 463 S.W.3d 289 (per

curiam). The appellee State has now filed a motion to dismiss the appeal on the basis that Berks

failed to file a brief. We deny the motion.

Although the State asserts that Berks has failed to timely file his brief, through clerical

error, no briefing schedule was set. Berks has therefore not failed to submit a timely brief, and

our clerk is again directed to set a briefing schedule.

Motion denied; briefing schedule to be set.