813 So. 2d 948 | Ala. Crim. App. | 2001
David Lynn Hargett appeals from the trial court's order summarily dismissing his Rule 32, Ala.R.Crim.P., petition for postconviction relief, filed on April 6, 2000. The petition attacked his April 16, 1997, conviction for rape in the first degree, a violation of §
In his petition, Hargett contends 1) that the indictment against him failed to state an offense; 2) that he was never properly arraigned; and 3) that his trial counsel and his appellate counsel were ineffective.
An examination of the record reveals that Hargett's claims regarding the indictment and arraignment, although couched as jurisdictional, were nonjurisdictional in nature, and were procedurally precluded under Rule 32.2(a)(3) and (5), Ala.R.Crim.P. The record also reveals, however, that the trial court's holding that Hargett's ineffective-assistance claims were procedurally precluded based on the two-year limitations period of Rule 32.2(c) was incorrect.
Because the trial court failed to determine whether Hargett's ineffective-assistance-of-counsel claims had merit, this cause must be remanded to the trial court for that court to make such a determination. The trial court shall determine, based on the State's response, whether an evidentiary hearing should be held on Hargett's claims. King v.State,
REMANDED WITH DIRECTIONS.
Cobb, Baschab, Shaw, and Wise, JJ., concur.