Carl S. Turner v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

NOVEMBER 14, 2002

CARL S. TURNER

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 02-768

PRO SE MOTIONS FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF AND TO SUPPLEMENT RECORD [CIRCUIT COURT OF WHITE COUNTY, NO. CR 95-276, ROBERT EDWARDS, JUDGE]

APPEAL DISMISSED; MOTIONS MOOT

In 1995, Carl S. Turner was found guilty by a jury in the Circuit Court of White County of attempted rape and residential burglary and sentenced to serve an aggregate term of 600 months' imprisonment in the Arkansas Department of Correction. In 2001, Turner who was incarcerated in Pulaski County, filed a petition for writ of habeas corpus in the trial court in White County. The petition was denied, and the record on appeal from that order has been lodged here. Appellant Turner now seeks in two pro se motions an extension of time to file the appellant's brief. He further asks that the record be supplemented.

As we find that appellant could not be successful on appeal, the appeal is dismissed. The motions are moot. This court has consistently held that an appeal of the denial of postconviction relief will not be permitted to go forward where it is clear that the appellant could not prevail. Pardue v. State, 338 Ark. 606, 999 S.W.2d 198 (1999); Seaton v. State, 324 Ark. 236, 920 S.W.2d 13 (1996); Harris v. State, 318 Ark. 599, 887 S.W.2d 514 (1994); Reed v. State, 317 Ark. 286, 878 S.W.2d 376 (1994).

Appellant states in the petition for writ of habeas corpus that he was in custody in Pulaski County when he filed the petition in White County. The Circuit Court of White County did not have jurisdiction to release on a writ of habeas corpus a prisoner not in custody within that county. Pardue, supra; Mackey v. Lockhart, 307 Ark. 321, 819 S.W.2d 702 (1991).

Motions denied and appeal dismissed.