Carl Jermaine Presley v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

SEPTEMBER 20, 2001

CARL JERMAINE PRESLEY

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 00-212

APPEAL FROM THE CIRCUIT COURT OF PULASKI COUNTY, CR 96-137, HONORABLE JOHN W. LANGSTON, JUDGE

APPEAL DISMISSED

Appellant is serving a sentence totaling forty-three years' imprisonment for rape, kidnaping, aggravated robbery, residential burglary, and theft of property. We affirmed appellant's conviction and sentence in Harrell v. State, 331 Ark. 232, 962 S.W.2d 325 (1998). In 1999, appellant filed a petition for a writ of habeas corpus in the Pulaski County Circuit Court. The circuit court denied the petition, and this appeal ensued.

No basis existed for appellant to file a petition for writ of habeas corpus in the Pulaski County Circuit Court in 1999. He did not contend in his petition that he was incarcerated in Pulaski County when he filed the petition there, and the pleadings reflect that he was in fact incarcerated in the Arkansas Department of Correction, Varner Unit, in Lincoln County. A circuit court does not have jurisdiction to release on a writ of habeas corpus a prisoner not in custody in that court's jurisdiction. Pardue v. State, 338 Ark. 606, 608, 999 S.W.2d 198, 199 (1999). Accordingly, appellant's appeal is dismissed.

Appeal Dismissed.