ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

JUNE 13, 2002

LARRY WALKER

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 02-384

PRO SE MOTION FOR BELATED APPEAL OF ORDER [CIRCUIT COURT OF LAFAYETTE COUNTY, NO. CR 97-17-1, HON. PHILIP BRUCE PURIFOY, JUDGE]

MOTION DENIED

Larry Walker violated his probation for theft of property by deception and was sentenced to eighteen years' imprisonment. Grabow filed in Lafayette County Circuit Court a pro se petition for writ of habeas corpus. The circuit court denied the petition on September 4, 2001, concluding that it lacked jurisdiction to consider the petition because Walker was incarcerated in another county. No appeal was taken, and Walker now seeks leave to proceed with a belated appeal of the circuit court's order. As we find that petitioner Grabow could not be successful on appeal even if he were permitted to proceed, the motion is denied. See 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); see Chambers v. State, 304 Ark. 663, 803 S.W.2d 932 (1991); Johnson v. State, 303 Ark. 560, 798 S.W.2d 108 (1990); Williams v. State, 293 Ark. 73, 732 S.W.2d 456 (1987).

With respect to appellant's claim that a writ of habeas corpus should issue, petitioner was not

incarcerated in Lafayette County when he filed the petition there. A circuit court does not have jurisdiction to release on a writ of habeas corpus a prisoner not in custody in that court's jurisdiction. Mackey v. Lockhart, 307 Ark. 321, 819 S.W.2d 702 (1991).

Motion denied.