ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION
October 2, 2003

ANTHONY D. LAMAR

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 03-521

PRO SE MOTION FOR EXTENSION OF TIME TO FILE BRIEF [CIRCUIT COURT OF PULASKI COUNTY, NO. CR 2000-1608, BARRY ALAN SIMS, JUDGE]

APPEAL DISMISSED; MOTION MOOT

Per Curiam

In 2001, Anthony D. Lamar was found guilty by a jury of rape and sentenced to 360 months' imprisonment. We affirmed. Lamar v. State, 347 Ark. 846, 68 S.W.3d 294 (2002).

On October 30, 2002, Lamar, who was incarcerated in Lincoln County, filed a petition for writ of habeas corpus in the trial court in Pulaski County. The petition was denied, and the record on appeal from that order has been lodged here. Appellant Lamar now seeks by pro se motion an extension of time to file the appellant's brief.

As we find that appellant could not be successful on appeal, the appeal is dismissed. The motion is moot. This court has consistently held that an appeal of the denial of postconviction relief will not be permitted to go forward where it is clear that the appellant could not prevail. 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, 878S.W.2d 376 (1994).

Appellant said in the petition for writ of habeas corpus that he was in custody in Lincoln County when he filed the petition in Pulaski County. The Circuit Court of Pulaski County did not have jurisdiction to release on a writ of habeas corpus a prisoner not in custody within that county. Pardue, supra; Mackey v. Lockhart, 307 Ark. 321, 819 S.W.2d 702 (1991).

Appeal dismissed; motion moot.

Thornton, J., not participating.