Story v. State

• Decision Date: 14 December 2017
• Docket Number: No. CV-17-361,CV-17-361
• Citation: 2017 Ark. 358
• Parties: KENDRICK C. STORY APPELLANT v. STATE OF ARKANSAS APPELLEE
• Court: Arkansas Supreme Court

2017 Ark. 358

KENDRICK C. STORY APPELLANT v. STATE OF ARKANSAS APPELLEE

No. CV-17-361

SUPREME COURT OF ARKANSAS

December 14, 2017

PRO SE APPEAL FROM THE LEE COUNTY CIRCUIT COURT AND APPELLANT'S MOTIONS FOR ADVERSE RULING AND FOR RULE ON CLERK

[NO. 39CV-17-37]

HONORABLE RICHARD L. PROCTOR, JUDGE

AFFIRMED: MOTIONS MOOT.

KAREN R. BAKER, Associate Justice

Appellant Kendrick C. Story brings this appeal from the denial by the circuit court of his pro se petition for writ of habeas corpus. Story argues on appeal, as he did in his habeas petition, that he was entitled to issuance of the writ on the following grounds: the judgment in his criminal case was illegal, and the trial court lacked jurisdiction in the case because the judgment entered did not conform to the plea bargain he signed; he was sentenced for both aggravated robbery and first-degree murder, but the sentencing order reflects only the first-degree-murder conviction; the authorities illegally seized his property; and his arrest was illegal. Because the grounds raised do not constitute a basis for a writ of habeas corpus, the circuit court order is affirmed.¹

I. Background

On March 15, 2017, Story filed his habeas petition in Lee County where he is currently imprisoned. The allegations in the petition are unclear, but Story appended an incomplete copy of the first-degree-murder judgment entered in case no. 14CR-17-16 to his petition, and it appears that he was primarily challenging the legality of that judgment.

II. Standard of Review

A circuit court's decision in a habeas proceeding will be upheld unless it is clearly erroneous. See Hobbs v. Gordon, 2014 Ark. 225, at 5, 434 S.W.3d 364, 367. 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.

III. Grounds for the Writ

A writ of habeas corpus is proper when a judgment of conviction is invalid on its face or when the trial court lacked jurisdiction over the cause. Williams v. Kelley, 2017 Ark. 200, 521 S.W.3d 104; Philyaw v. Kelley, 2015 Ark. 465, 477 S.W.3d 503. Under our statute, a petitioner for the writ who does not allege his actual innocence and proceed under Act1780 of 2001 Acts of Arkansas must plead either the facial invalidity of the judgment or the lack of jurisdiction by the trial court and make a showing by affidavit or other evidence of probable cause to believe that he is being illegally detained. Ark. Code Ann. § 16-112-103(a)(1) (Repl. 2016). Unless the petitioner in proceedings for a writ of habeas corpus 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. Story did not invoke Act 1780.

IV. Jurisdiction of the Trial Court and Facial Validity of the Judgment

Story argues that he is being illegally imprisoned because he was sentenced for both aggravated robbery and first-degree murder, but the sentencing order that was entered reflects only the first-degree murder-charge in case no. 14CR-17-16. Because Story only appended an incomplete sentencing order to his habeas petition that reflected the conviction for first-degree murder, he did not produce a record to substantiate the claim that the trial court lacked jurisdiction to enter the judgment or that the judgment-and-commitment order was illegal on its face. A court considering a habeas action is not obligated to go beyond the face of the petition to address the claims in the petition, and the petitioner bears the burden of showing that the face of the judgment at issue was invalid. Edwards v. Kelley, 2017 Ark. 254, 526 S.W.3d 825. Story's assertion was entirely conclusory, and the circuit court did not err in declining to issue the writ.

Story also claims that the judgment in his cases was illegal on its face because the trial court did not sentence him in accordance with the plea bargain that he signed. Allegations pertaining to whether a plea was voluntary or whether plea procedures were proper do notraise a question of a void or illegal sentence that may be addressed in a habeas proceeding. Barber v. Kelley, 2017 Ark. 214. Such claims are not a ground for the writ because the assertions do not call into question the trial court's jurisdiction or the facial validity of the judgment-and-commitment order. Story's challenge pertaining to the terms of the plea bargain would have required the circuit court to go behind the face of the judgment.

We have held that an allegation that concerns the factual basis for a plea goes beyond the face of the judgment and is not the kind of inquiry to be addressed in a habeas proceeding. Fields, 2013 Ark. 416. Likewise, Story's claims that the terms of the plea bargain were not enforced does not establish that he is being...