Frank Carl Davis v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

OCTOBER 18, 2001

FRANK CARL DAVIS

APPELLANT

VS.

STATE OF ARKANSAS

APPELLEE

CR 00-102

APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT,

NO. CR 96-2862,

HON. DAVID BOGARD,

JUDGE

AFFIRMED.

Appellant Frank Carl Davis was convicted in Pulaski County Circuit Court of one count of rape and sentenced to ten years' imprisonment. Appellant's conviction was affirmed by the Arkansas Court of Appeals, and he timely filed a pro se petition for postconviction relief pursuant to Ark. R. Cr. P. 37. The trial court denied Appellant's petition on the ground that the petition was not verified, as required by Rule 37.1(d), and therefore, did not reach the merits of Appellant's substantive arguments. On appeal, Appellant asserts that his petition was properly verified and that it contained allegations of error warranting an evidentiary hearing. We find no error and affirm.

Rule 37.1(d) requires that a party seeking to attack a sentence is required to file a verified petition in the court which imposed the sanction. This court has recognized that the verification requirement of Rule 37.1 is one of substantive importance to prevent perjury. Carey v. State, 268 Ark. 332, 596 S.W.2d 688 (1980); Evans v. State, 242 Ark. 92, 411 S.W.2d 860 (1967). Appellant'sargument that his own signature on the petition was adequate verification is without merit. Accordingly, the trial court did not err in denying Appellant's petition.

Affirmed.