Elton Lee Davis v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

JANUARY 31, 2002

ELTON LEE DAVIS

APPELLANT

v.

STATE OF ARKANSAS

APPELLEE

O1-373

AN APPEAL FROM THE CIRCUIT COURT OF LINCOLN COUNTY,

NO. LCIV-2000-93-3

HONORABLE FRED D. DAVIS,

CIRCUIT JUDGE

AFFIRMED

Appellant, Elton Lee Davis, entered pleas of guilty to two counts of rape and two counts of incest. He was sentenced to fifteen years with five years suspended for the rape charges and five years with five years suspended for the incest charges. Appellant subsequently filed a petition for a writ of habeas corpus which the circuit court denied. On appeal, appellant argues that the trial court erred by failing to establish a factual basis for the plea; that the trial court denied appellant due process by refusing to allow relevant evidence; that appellant's plea was involuntary; and that the trial court abused its discretion by deviating from the sentencing guidelines. We 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 petitioner must plead either the facial invalidity or the lack of jurisdiction and make a "showing, by affidavit or other evidence, [of] probable cause to believe" he is illegally detained. Ark. Code Ann. 16-112-103 (1987). See Wallace v. Willock, 301 Ark. 69, 781 S.W.2d 484 (1989). The allegations raised by appellant do not challenge that the trial court's jurisdiction or the facial validity of the commitment.

A habeas corpus proceeding does not afford a prisoner an opportunity to retry his case. A writ of habeas corpus will not be issued to correct errors or irregularities that occurred at trial. The remedy in such a case is direct appeal. Birchett v. State, 303 Ark. 220, 795 S.W.2d 53 (1990). Because appellant's petition did not raise any issues cognizable in a habeas corpus proceeding, the circuit court did not err in denying appellant's petition.

Affirmed.