William L. Jobes v. State of Arkansas

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00-357

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

SEPTEMBER 20, 2001

WILLIAM L. JOBES

Appellant

v.

STATE OF ARKANSAS

Appellee

00-357

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

AFFIRMED

In April 1993, appellant pleaded guilty to two counts of aggravated robbery, two counts of kidnaping, and theft of property. In October 1999, he filed in the Lincoln County Circuit Court a pro se petition for writ of habeas corpus seeking to have the judgments vacated. Appellant contended in the petition that the trial court was without jurisdiction to enter a judgment of conviction against him because he had previously been acquitted of the same charges by reason of mental disease or defect. The circuit court denied the petition, concluding that appellant had failed to state a claim upon which a writ of habeas corpus could issue. We agree and affirm.

A writ of habeas corpus is proper when a judgment of conviction is invalid on its face or when a circuit court lacked jurisdiction over the cause. Davis v. Reed, 316 Ark. 575, 577, 873 S.W.2d 524, 525 (1994). The allegations raised by appellant were not sufficient to demonstrate that the trial court lacked jurisdiction or that his judgment of conviction was invalid on its face. As a result, the circuit court did not clearly err in denying appellant's petition.

Affirmed.

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