ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

MARCH 22, 2001

JOHN HARDIN, III

APPELLANT

v.

STATE OF ARKANSAS

APPELLEE

CR 99-563

AN APPEAL FROM THE CIRCUIT COURT OF CRITTENDEN COUNTY,

NO. CR 95-927

HONORABLE JOHN FOGLEMAN,

CIRCUIT JUDGE

REMANDED

Appellant, John Hardin, was convicted by a jury of rape and was sentenced to eighteen years in the Arkansas Department of Correction. The court of appeals affirmed appellant's conviction and sentence. Hardin v. State, CACR 97-265 (Ark. App. March 4, 1998). On May 4, 1998, appellant filed a petition for post-conviction relief pursuant to Ark. R. Crim. P. 37. A hearing was held, and the trial court subsequently denied appellant's petition. This appeal followed. Because the trial court failed to make written findings in denying appellant's petition, we must remand.

In pertinent part, Ark. R. Crim. Proc. 37.3(c) provides that after a hearing, "the court shall determine the issues and make written findings of fact and conclusions of law with respect thereto." In Williams v. State, 272 Ark. 98, 612 S.W.2d 115 (1981), we noted that "we have held without exception that this rule is mandatory and requires written findings." In Bumgarner v. State, 288 Ark. 315, 705 S.W.2d 10 (1986), we made it clear that the requirement of written findings of fact applies to any issue upon which a Rule 37 hearing is held. Here, the trial court's order only provides thatappellant's petition "should be and is hereby denied." This order does not meet the requirements of Ark. R. Crim. Proc. 37.3(c). Thus, we must remand for the trial court to enter written findings on the issues presented in appellant's appellate brief. The trial court has thirty days from the date of this opinion to enter its written findings and return the order and all other records associated with this appeal back to this court.

Remanded.