ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

MARCH 15, 2001

THOMAS R. SESLAR

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 00-1359

PRO SE PETITION FOR WRIT OF HABEAS CORPUS [CIRCUIT COURT OF CARROLL COUNTY, EASTERN DISTRICT, NO. CR 95-168-2]

PETITION DISMISSED

On March 17, 2000, judgment was entered reflecting that Thomas R. Seslar had pleaded guilty to manufacturing a controlled substance, possession of a controlled substance with intent to deliver, simultaneous possession of a controlled substance and firearms, and possession of drug paraphernalia. An aggregate sentence of 180 months' imprisonment was imposed to be served concurrently with a sentence imposed in a federal court. A fine of $15,000 was also imposed1 The judgment of conviction provided that Seslar be transported to the federal penitentiary to begin serving his sentences.

Seslar, who is incarcerated in a federal facility in Texas, has filed the instant petition for writ of habeas corpus seeking release from custody. We dismiss the petition on the ground thatpetitioner Seslar is not incarcerated in this State. A court does not have jurisdiction to release on a writ of habeas corpus a prisoner not in custody within that court's jurisdiction. Pardue v. State, 338 Ark. 606, 999 S.W.2d 198 (1999); Mackey v. Lockhart, 307 Ark. 321, 819 S.W.2d 702 (1991).

Petition dismissed.

1 Seslar was also ordered to pay an additional $15,000 to the sheriff's drug fund and court costs of $150.