Nema Lee Bardin-Zapata v. State of Arkansas

ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

June 24, 2004

NEMA LEE BARDIN-ZAPATA

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 04-580

PRO SE PETITION FOR WRIT OF CERTIORARI AND MOTION FOR EXPEDITED PROCEEDING [CIRCUIT COURT OF SEBASTIAN COUNTY, FT. SMITH DISTRICT, NO. CR 93-660]

PETITION DISMISSED; MOTION MOOT

                                                                                                         Per Curiam

On May 24, 2004, Nema Lee Bardin-Zapata filed a pro se petition for writ of habeas corpus in this court. On June 2, 2004, petitioner filed the instant motion asking that the proceeding be expedited. Because we find that petitioner is not within the jurisdiction of this court, the petition for writ of habeas corpus is dismissed. The motion for expedited proceeding is moot.

Petitioner states that she is incarcerated in Texas as the result of a federal conviction and that her federal sentence was enhanced by virtue of two prior convictions, one of which was a 1993 conviction for theft by deception (CR 93-660) in the Circuit Court of Sebastian County, Ft. Smith District. She states further that a bench warrant was issued for her arrest after she failed to make restitution with respect to that 1993 conviction and that a "hold" has been placed on her at the federal facility. In this habeas petition, petitioner seeks to quash the warrant and hold.

While this court possesses jurisdiction to consider petitions for writs of habeas corpus, the remedy is available only to those persons who are in physical custody within the jurisdiction in which the writ is sought. See Mackey v. Lockhart, 307 Ark. 321, 819 S.W.2d 702 (1991). Petitioner is not within the jurisdiction of this court.

Petition denied; motion moot.