ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

OCTOBER 23, 2003

JERRY L. EDMOND

            Appellant

v.

STATE OF ARKANSAS

            Appellee

CR 03-871

PRO SE MOTION TO FOREGO BRIEFING AND REVERSE AND REMAND TO TRIAL COURT, OR, IN THE ALTERNATIVE, FOR EXTENSION OF TIME TO FILE BRIEF [CIRCUIT COURT OF HEMPSTEAD COUNTY, CR 2000-181-2]

MOTION TO FOREGO BRIEFING AND REVERSE AND REMAND TO TRIAL COURT GRANTED

Per Curiam

            Jerry L. Edmond was found guilty by a jury of murder in the first degree and sentenced to life imprisonment. We affirmed. Edmond v. State, 351 Ark. 495, 95 S.W.3d 789 (2003). This court’s mandate was issued on February 11, 2003, and on March 17, 2003, Edmond filed in the trial court a timely petition pursuant to Criminal Procedure Rule 37.1 seeking to vacate the judgment. The petition was denied on the ground that it was not timely filed. The record on appeal from the order has been lodged here.

            Appellant Edmonds now asks that this court reverse and remand the matter to the trial court on the ground that the court clearly erred in finding his Rule 37.1 petition to be untimely. In the alternative, he requests an extension of time to file the appellant’s brief.

            As it is clear on the face of the record that the trial court erred in finding that the Rule 37.1 petition was untimely, we reverse and remand the matter to the trial court so that the court may consider the merits of the Rule 37.1 petition. Criminal Procedure Rule 37.2(c) provides that all

grounds for postconviction relief must be raised in a petition under the rule filed within sixty days of the date the mandate was issued following affirmance of the judgment. The record in this matter reflects that appellant filed his petition challenging the judgment on the thirty-fourth day after the mandate was issued. The petition was thus timely filed and should have been considered on its merits.             Motion to forego briefing and reverse and remand to the trial court granted.