Garcia v. State (Per Curiam)Annotate this Case
Appellant was convicted of two counts of rape involving a thirteen-year-old girl and was sentenced to an aggregate term of 600 months’ imprisonment. The court of appeals affirmed. Appellant then filed a petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1 alleging that he was denied the effective assistance of appellate counsel and that the trial court erred by allowing an amendment of the nature and degree of the charges and by excluding a certain video. The trial court denied the petition without conducting an evidentiary hearing. The Supreme Court dismissed Appellant’s appeal, holding that Appellant’s claims were conclusory and lacked sufficient facts to establish a basis for postconviction relief, and, moreover, Appellant’s conclusory allegations were based on claims of trial court error that are generally not cognizable in Rule 37.1 proceedings.