616 So. 2d 371 | Ala. Crim. App. | 1993
The appellant, Porter Powell, was convicted of trafficking in cocaine and of conspiracy to traffic in cocaine. On direct appeal, we affirmed the appellant's conviction for trafficking in cocaine and reversed the appellant's conviction for conspiracy to traffic in cocaine because it was a lesser included offense of the trafficking offense. Powell v. State,
The appellant argued that his appellate counsel rendered ineffective assistance because, the appellant says, counsel failed to seek a rehearing in this court. Specifically, the appellant argues that his appellate counsel should have challenged, in an application for rehearing, his trafficking conviction on double jeopardy grounds. This court, on direct appeal, reversed the appellant's conviction for conspiracy to traffic in cocaine because it was a lesser included offense of trafficking in cocaine and because the conspiracy conviction violated his constitutional right to be free from double prosecution for the same offense. Powell. The double jeopardy issue was raised and addressed in our opinion on direct appeal. Therefore, the trial court's denial of the appellant's petition for post-conviction relief is affirmed.
AFFIRMED.
All the Judges concur.