Owens v. Payne
| Citation | 612 S.W.3d 169,2020 Ark. 413 |
| Decision Date | 10 December 2020 |
| Docket Number | No. CV-20-267,CV-20-267 |
| Parties | Lance Mitchell OWENS, Appellant v. Dexter PAYNE, Director, Arkansas Department of Correction, Appellee |
| Court | Supreme Court of Arkansas |
Lance Mitchell Owens, pro se appellant.
Leslie Rutledge, Att'y Gen., by: Michael Zangari, Ass't Att'y Gen., for appellee.
Appellant Lance Mitchell Owens appeals the circuit court's denial of his pro se petition for writ of habeas corpus filed pursuant to Arkansas Code Annotated sections 16-112-101 to -123 (Repl. 2016). Owens filed his petition in Lee County where he is currently incarcerated. Owens alleged below and reasserts on appeal that his sentence is illegal because it exceeded the presumptive sentence for the crime of first-degree murder to which he pleaded guilty. Owens argues that the failure to attach to the judgment and commitment order Owens's written reasons for the departure from the presumptive sentence rendered his sentence illegal pursuant to Arkansas Code Annotated section 16-90-804 (Supp. 1999).1 We affirm.
On September 6, 2002, Owens pleaded guilty in Madison County to first-degree murder in case number 44CR-01-54 and to kidnapping that was committed in Washington County in case number 72CR-01-1050. Owens waived venue and pleaded guilty to kidnapping the victim in Washington County and murdering her in Madison County. Owens was sentenced to life imprisonment for first-degree murder and to thirty years’ imprisonment for kidnapping, which was imposed to run concurrently. As part of the negotiated plea agreement, the offense of capital murder was reduced to first-degree murder. The transcript of the plea hearing that is included in the record demonstrates that Owens and his codefendant admitted that they kidnapped the victim in Washington County where she was bound and gagged and held for several days before being driven to Madison County where she was strangled and thrown into Beaver Lake. The transcript of the hearing also shows that Owens and his codefendant understood that they would be sentenced to life imprisonment as part of the negotiated plea deal, which reduced the charge of capital murder to that of first-degree murder. Owens was asked by his trial counsel if he understood that his sentence to life imprisonment meant life, and Owens replied in the affirmative.
A writ of habeas corpus is proper when a judgment and commitment order is invalid on its face or when a trial court lacked jurisdiction over the cause. Foreman v. State , 2019 Ark. 108, 571 S.W.3d 484. Jurisdiction is the power of the court to hear and determine the subject matter in controversy. Baker v. Norris , 369 Ark. 405, 255 S.W.3d 466 (2007). When the trial court has personal jurisdiction over the appellant and also has jurisdiction over the subject matter, the court has authority to render the judgment. Johnson v. State , 298 Ark. 479, 769 S.W.2d 3 (1989).
A petitioner who files a writ seeking relief but does not allege his or her actual innocence and proceed under Act 1780 of 2001, codified at Arkansas Code Annotated sections 16-112-201 to -208 (Repl. 2016), must plead either the facial invalidity of the judgment or the lack of jurisdiction by the trial court and show, by affidavit or other evidence, probable cause to believe that he or she is being illegally detained. Ark. Code Ann. § 16-112-103(a)(1) (Repl. 2016). Proceedings for the writ are not intended to require an extensive review of the record of the trial proceedings, and the circuit court's inquiry into the validity of the judgment is limited to the face of the commitment order. McArthur v. State , 2019 Ark. 220, 577 S.W.3d 385. Unless the petitioner can show that the trial court lacked jurisdiction or that the commitment was invalid on its face, there is no basis for a finding that a writ of habeas corpus should issue. Fields v. Hobbs , 2013 Ark. 416, 2013 WL 5775566. If a sentence is within the limits set by statute, it is legal. Proctor v. Payne , 2020 Ark. 142, 598 S.W.3d 17.
A circuit court's decision on a petition for a writ of habeas corpus will be upheld unless it is clearly erroneous. Hobbs v. Gordon , 2014 Ark. 225, 434 S.W.3d 364. A decision is clearly erroneous when, although there is evidence to support it, the appellate court, after reviewing the entire evidence, is left with the definite and firm conviction that a mistake has been made. Id.
Owens argues on appeal that the judgment and commitment order entered in Madison County for the offense of first-degree murder does not have a written report setting forth his reasons for the departure from the presumptive sentence. Therefore, Owens argues that the sentence of life imprisonment for first-degree murder that was imposed by the Madison County Circuit Court is illegal because the order does not abide by the...
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