ARKANSAS SUPREME COURT
No. CR 06-692
NOT DESIGNATED FOR PUBLICATION
GARY STEVEN CRAWFORD
STATE OF ARKANSAS
Opinion Delivered January 25, 2007
PRO SE APPEAL FROM THE CIRCUIT
COURT OF JACKSON COUNTY, CR
2003-91, HON. HAROLD S. ERWIN,
REVERSED AND REMANDED.
Appellant Gary Steven Crawford was found guilty by a jury of rape and kidnapping and
sentenced to an aggregate term of 336 months’ imprisonment. The Arkansas Court of Appeals
affirmed. Crawford v. State, CACR 04-1397 (Ark. App. Sept. 21, 2005). The court’s mandate was
issued on October 12, 2005.
On December 1, 2005, appellant filed in the trial court a pro se petition for postconviction
relief under Ark. R. Crim. P. 37.1. The trial court dismissed the petition as untimely, and appellant
has lodged an appeal from the order in this court. The appellee concedes that the petition was in fact
Arkansas Rule of Criminal Procedure 37.2(c) requires that the petition for postconviction
relief must be filed within sixty days of the date the mandate of the appellate court was issued.
Appellant filed his petition fifty days after the mandate was issued in his case. As the petition was
timely filed, it should have been considered on its merits. Accordingly, the order of the trial court
is reversed and the matter is remanded.
Reversed and remanded.