608 So. 2d 419 | Ala. Crim. App. | 1992
Ronald Joseph Marzettie appeals from the summary denial of his petition for post-conviction relief under Rule 32, A.R.Crim.P. The appellant pleaded guilty to unlawful distribution of a controlled substance and to possession of a controlled substance. He was ordered to serve two years in prison and was placed on formal probation. In 1990, his probation was revoked.
The appellant alleges in his petition for post-conviction relief that the attorney who represented him during his probation revocation provided ineffective assistance in that he did not secure a revocation hearing. He also contends that he was not afforded due process rights as stated in Morrisseyv. Brewer,
The record reflects that the appellant never appealed his conviction or filed any other petition seeking post-conviction relief. The appellant's petition is meritorious on its face, and "its allegations are not refuted. Thus, they must be accepted as true for the purposes of the pleadings and of the framing of the issues." Henderson v. State,
REMANDED WITH DIRECTIONS.
All the Judges concur.