Webb v. State
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Cite as 2009 Ark. 487
SUPREME COURT OF ARKANSAS
No.
CR 04-920
Opinion Delivered
October 8, 2009
v.
PRO SE PETITION TO REINVEST
JURISDICTION IN TRIAL COURT TO
CONSIDER PETITION FOR WRIT OF
ERROR CORAM NOBIS [CIRCUIT
COURT OF PULASKI COUNTY, CR
2003-3047, CR 2004-910]
STATE OF ARKANSAS
Respondent
PETITION DISMISSED.
MICAH LAMAR WEBB
Petitioner
PER CURIAM
In 2004, petitioner Micah Lamar Webb entered a plea of guilty to three felony charges in two
criminal cases. The judgment and commitment orders were entered on May 7, 2004. Petitioner orally
moved to withdraw the guilty pleas on May 10, 2004. The trial court denied the motion, and we
affirmed. Webb v. State, 365 Ark. 22, 223 S.W.3d 796 (2006).
Now before us is a petition to reinvest jurisdiction in the trial court to consider a petition for
writ of error coram nobis.1 Webb states in that petition that he filed a petition for writ of error coram
nobis in the trial court in 2009. According to Webb, the trial court denied the petition because he failed
to initially obtain this court’s permission to proceed in the trial court with a petition for writ of error
coram nobis. The trial court’s order is not attached to the petition, and there is no indication that a
notice of appeal was filed from the order.
A circuit court can entertain a petition for writ of error coram nobis after a judgment of
1
For clerical purposes, the instant pleading was assigned the same docket number as the order that
denied postconviction relief.
Cite as 2009 Ark. 487
conviction is affirmed on direct appeal only after we grant permission. Dansby v. State, 343 Ark. 635,
637, 37 S.W.3d 599, 600 (2001) (per curiam). However, a petition for writ of error coram nobis is filed
directly in the trial court where a judgment of conviction was entered on a plea of guilty or nolo
contendere, or the judgment of conviction was not appealed. Magby v. State, 348 Ark. 415, 418 n.1, 72
S.W.3d 508, 509 (2002) (per curiam).
Here, as petitioner Webb entered guilty pleas in the underlying criminal matters, and his only
prior appeal concerned a claim for postconviction relief, Magby is controlling. Accordingly, we dismiss
the instant petition. Petitioner may proceed directly in the circuit court without first obtaining leave of
this court to do so.
Petition dismissed.
-2-
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