ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

JUNE 28, 2001

CLEON LACKEY

APPELLANT

v.

STATE OF ARKANSAS

APPELLEE

CR 99-1343

AN APPEAL FROM THE CIRCUIT COURT OF CLEBURNE COUNTY,

NO. CR 98-5

HONORABLE JOHN DAN KEMP,

CIRCUIT JUDGE

REVERSED AND REMANDED

Appellant, Cleon Lackey, pleaded guilty to possession of methamphetamine, possession of marijuana, possession of drug paraphernalia, and possession of a controlled substance with intent to deliver. Appellant was sentenced to fifteen years in the Arkansas Department of Correction. Subsequently, appellant filed a petition pursuant to Ark. R. Crim. P. 37 seeking post conviction relief. The trial court dismissed appellant's petition as untimely. This appeal followed.

Appellant argues that his petition was timely and that the trial court erred in dismissing his case. We agree. Arkansas Rules of Criminal Procedure Rule 37.2(c) provides that all grounds for postconviction relief from a judgment must be raised in a petition under the rule filed within ninety days of entry of judgment pursuant to a plea of guilty. The record indicates that appellant's judgment and conviction order stemming from appellant's guilty plea was filed May 11, 1999. Appellant's Rule 37 petition was filed August 5, 1999, eighty-six days from the date the judgment was filed. Therefore, appellant's petition was timely filed. Based on the above facts, we mustreverse and remand the trial court's dismissal of appellant's petition, and we direct the trial court to address the merits of appellant's petition.

Reverse and remanded.