ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

JANUARY 17, 2002

TOMMY L. BRYANT, JR.

APPELLANT

v.

STATE OF ARKANSAS

APPELLEE

CR 00-1255

AN APPEAL FROM THE CIRCUIT COURT OF JACKSON COUNTY,

NO. CR-86-183

HONORABLE HAROLD S. ERWIN,

CIRCUIT JUDGE

AFFIRMED

Appellant Tommy Bryant was convicted of the offenses of possession of cocaine with intent to deliver and possession of marijuana with intent to deliver. He was sentenced to a total of eighty years in prison. We affirmed appellant's conviction and sentence in Bryant v. State, 304 Ark. 514, 803 S.W.2d 546 (1991). On November 30, 1999, appellant filed a petition pursuant to Ark. Code Ann. 16-90-111 (Supp. 1995). The petition was denied, and this appeal followed. We affirm.

Section 16-90-111, as applied to a defendant convicted in 1990, permitted the trial court to correct a sentence imposed in an illegal manner within 120 days after judgment was entered and to correct a sentence illegal on its face at any time. Abdullah v. State, 290 Ark. 537, 720 S.W.2d 902 (1986).1 Appellant did not file his petition until nine years after he was convicted. As a result,appellant was entitled to no relief under the statute absent a showing that the sentence was illegal on its face.

Appellant's petition fails to challenge the facial validity of the judgment. In fact, appellant only raised issues of alleged trial error. Because appellee's sentence of eighty years imprisonment is within the statutory range and valid on its face, the trial court did not err when it denied relief.

Affirmed.

Imber, J., not participating.

1 Criminal Procedure Rule 37 was revised effective January 1, 1991, to provide that a claim that a sentence was illegal or imposed in an illegal manner must be raised under Rule 37. In the Matter of the Reinstatement of Rule 37 of the Arkansas Rules of Criminal Procedure, 303 Ark. 746, 979 S.W.2d 458 (1990). This provision had the effect of limiting the remedy providedunder Ark. Code Ann. § 16-90-111 for those persons convicted after January 1, 1991. Reed v. State, 317 Ark. 286, 878 S.W.2d 378 (1994).