Supreme Court of Arkansas

Charles Alan Baker v. Larry Norris

April 12, 2007369 Ark. 405

Summary

The Supreme Court of Arkansas affirmed the dismissal of Charles Alan Baker's pro se petition for writ of habeas corpus challenging the Monroe County Circuit Court's amended judgment and commitment order, which corrected the statutory citation for his drug-paraphernalia conviction from Ark. Code Ann. § 5-64-401 to § 5-64-403. The court held the sentencing court had jurisdiction to correct the mistaken citation as a clerical error by nunc pro tunc amendment, and that Baker showed neither facial invalidity of his commitment nor lack of jurisdiction. The court declined to address his challenge to the dismissal being designated a 'strike' because he cited no supporting authority, while rejecting in a footnote the State's argument that the claim was unpreserved for failure to proceed under Rule 60, civil rules being inapplicable to postconviction habeas proceedings.