ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

OCTOBER 16, 2003

GARY CLOIRD

Appellant

v.

GREG HARMON, WARDEN

Appellee

03-272

PRO SE PETITION FOR REHEARING [CIRCUIT COURT OF JEFFERSON COUNTY, NO. CV 2002-921-5, HON. FRED DAVIS, JUDGE]

PETITION DISMISSED

Per Curiam

In 1992, Gary Cloird was found guilty of rape and theft of property. An aggregate sentence of thirty-five years' imprisonment and a fine of $1,000 were imposed. We affirmed. Cloird v. State, 314 Ark. 296, 862 S.W.2d 211 (1993).

In 2002, Cloird filed in the circuit court in the county in which he was incarcerated a petition for writ of habeas corpus. The petition was denied, and Cloird appealed to this court. The appeal was dismissed because it was clear that the appellant could not prevail on appeal. Cloird v. Harmon, 03-272 (Ark. June 19, 2003). (per curiam).

Appellant Cloird now asks that the decision to dismiss the appeal be reconsidered. We need not reiterate the grounds for the dismissal of the appeal which were set out in our opinion. It will suffice to say that the burden is on the petitioner in a habeas corpus action to establish that the trial court lacked jurisdiction or that the commitment was invalid on its face; otherwise, there is no basis for a finding that a writ of habeas corpus should issue. Birchett v. State, 303 Ark. 220, 795 S.W.2d53 (1990). The petition filed by appellant Cloird did not establish that he was entitled to release from custody on a writ of habeas corpus.

Petition for rehearing dismissed.