Kendrick Story v. State of Arkansas

2021 Ark. 82

• Court: Supreme Court of Arkansas
• Decided: April 15, 2021
• Status: Published

Opinion

Cite as 2021 Ark. 82 SUPREME COURT OF ARKANSAS No. CV-20-724

Opinion Delivered: April 15, 2021 KENDRICK STORY APPELLANT PRO SE APPEAL FROM THE LINCOLN COUNTY CIRCUIT COURT; PRO SE V. MOTIONS FOR EXTENSION OF TIME TO FILE BRIEF AND FOR COPY OF RECORD ON APPEAL STATE OF ARKANSAS [NO. 40CV-20-115] APPELLEE HONORABLE JODI RAINES DENNIS, JUDGE

APPEAL DISMISSED; MOTIONS MOOT.

RHONDA K. WOOD, Associate Justice

Kendrick Story entered a plea in the Columbia County Circuit Court to first-degree

murder and aggravated robbery. The court sentenced him to two terms of 480 months’

imprisonment in the Arkansas Department of Correction, to be served concurrently, and a

suspended imposition of life imprisonment. Story then petitioned the Lincoln County

Circuit Court to correct an alleged illegal sentence pursuant to Arkansas Code Annotated

section 16-90-111 (Repl. 2016), now Rule 37.1 of the Arkansas Rules of Criminal Procedure.

The circuit court denied and dismissed his petition for relief, and he appeals. Because the

circuit court lacked jurisdiction to rule on the petition, this court lacks jurisdiction to hear

the appeal. The appeal is therefore dismissed, rendering Story’s motions moot. Petitions for relief under Rule 37.1 of the Arkansas Rules of Criminal Procedure and

Arkansas Code Annotated section 16-90-111 must be filed in the circuit court where the

judgment of conviction was entered. Ark. R. Crim. P. 37.1(a); Grant v. State, 2020 Ark. 282.

Story’s petition clearly states that it is a petition to correct an illegal sentence from Columbia

County. The claims revolve around the circuit court’s sentencing Story to a longer term than

the plea-agreement recommendation and other Rule 37.1 attacks. Because Story failed to

proceed in the proper circuit court—the Columbia County Circuit Court—the Lincoln

County Circuit Court lacked jurisdiction. When the circuit court lacks jurisdiction, this

court also lacks jurisdiction. Id.; see also Clark v. State, 362 Ark. 545, 210 S.W.3d 59 (2005).

Accordingly, we dismiss his appeal. His motions are thus rendered moot.