Craig A. Bell v. State of Arkansas
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ARKANSAS SUPREME COURT
No. CR 071105
Opinion Delivered
CRAIG A. BELL
Appellant
v.
STATE OF ARKANSAS
Appellee
February 28, 2007
PRO SE APPEAL FROM THE CIRCUIT
COURT OF GARLAND COUNTY, CR
2005764, HON. JOHN H. WRIGHT,
JUDGE
AFFIRMED.
PER CURIAM
In 2007, appellant Craig A. Bell entered a plea of guilty to possession of a controlled
substance (methamphetamine) and possession of drug paraphernalia with intent to manufacture
methamphetamine. He was sentenced as a habitual offender to ninetysix months’ imprisonment and
144 months’ suspended imposition of sentence on each charge to run concurrently.
After seeking reduction of his sentences in a petition pursuant to Ark. Code Ann. §1690111
(Supp. 2005), appellant filed in the trial court in Garland County a petition for writ of habeas corpus.
In the petition, he argued that his sentences were illegal and sought dismissal of his convictions. The
trial court denied the petition and appellant has lodged an appeal here from the order.
It is clear from the record that appellant was in the custody of the Arkansas Department of
Correction in Jefferson County when he filed the petition for writ of habeas corpus. We affirm the
decision of the trial court because the Circuit Court of Garland County could not grant the relief
sought by appellant.
Any petition for writ of habeas corpus to effect the release of a prisoner is properly addressed
to the circuit court in the county in which the prisoner is held in custody, unless the petition is filed
1
pursuant to Act 1780 of 2001. Lukach v. State, 369 Ark. 475, ___ S.W.3d ___ (2007) (per curiam).
A circuit court does not have jurisdiction to release a prisoner not in custody in that court’s
jurisdiction on a writ of habeas corpus. Pardue v. State, 338 Ark. 606, 999 S.W.2d 198 (1999) (per
curiam) (citing Mackey v. Lockhart, 307 Ark. 321, 819 S.W.2d 702 (1991)). Here, appellant did not
invoke Act 1780, and the Garland County Circuit Court did not have personal jurisdiction to release
an appellant who was held in another county.
Affirmed.
1
Act 1780 of 2001, as amended by Act 2250 of 2005 and codified as Ark. Code Ann. §§
16112201–208 (Repl. 2006), provides that a writ of habeas corpus can issue based upon new
scientific evidence proving a person actually innocent of the offense or offenses for which he or
she was convicted.
2
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