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Appellant v. State

Court of Appeals of Arkansas, Division I

March 8, 2017

TRACY FRENCH APPELLANT
v.
STATE OF ARKANSAS APPELLEE

         APPEAL FROM THE HOT SPRING COUNTY CIRCUIT COURT [NO. 30CV-16-148] HONORABLE EDDY ROGER EASLEY, JUDGE

          Tracy French, pro se appellant.

          Leslie Rutledge, Att'y Gen., by: Kent G. Holt, Ass't Att'y Gen., for appellee.

          BART F. VIRDEN, Judge

         The Hot Spring County Circuit Court entered an order denying appellant Tracy French's pro se "Writ for Sterilization" and finding that his action failed to state a claim upon which relief could be granted and thus constituted a strike pursuant to Ark. Code Ann. § 16-68-607.[1] We dismiss for lack of jurisdiction.

          I. Procedural History

         On June 24, 2016, French filed a "Writ for Sterilization" with an attached affidavit stating that he was "requesting for [the Hot Spring County Circuit Court] to surgically sterilize me for the crime of rape that I committed. . . . I personally feel this would be the best remedy for my wrong doing. . . . In exchange for sterilization I respectfully request for release upon completion of said medical procedure."

         The following response was filed on June 29, 2016: "The State could not care less whether the Petitioner is castrated or sterilized as long as it is done by private physicians and hospitals at no expense to the State or Federal government." The State objected to the trial court's having anything to do with the procedure and to any early release of the petitioner.

         In reply, French asserted that voluntary sterilization is a method for controlling a sex offender's irresistible urges to reoffend and allows him to be released without endangering the public. He also stated that

[t]his circuit Court has jurisdiction to grant castration of a convicted sex offender for a reduction of sentence for a suspended imposition of sentence, suspended sentence or probation. Castration has been used as a plea agreement for a sentence reduction in this state before and those same tenets should be applied to an incarcerated convicted sex offender pursuant to Ark. Code Ann. § 20-49-101 et seq. and the petitioner is requesting a Hearing for Sterilization pursuant to Ark. Code Ann. § 20-49-204.

         French attached as exhibits proposed legislation for the 2017 session of the General Assembly, drafted by him, entitled "Sterilization by Orchiectomy for Certain Sex Offenders" and "Study Rate of Recidivism of Sterilization by Orchiectomy."

         On August 18, 2016, the trial court denied French's request for relief. French had filed a notice of appeal on August 9, 2016.

         On appeal to this court, French does not contend that the trial court erred in denying his request nor does he challenge the trial court's issuance of a strike for filing the civil action. French's only discernible argument is as follows:

Petitioner seeks relief from his (30) thirty year sentence, through castration for release having served (10) ten years, with remainder of sentence suspended, reinstated at (100%) one hundred percent, for any new in state felony conviction, per ...

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