649 So. 2d 1303 | Ala. Crim. App. | 1994
We remanded this cause to the trial court for the district attorney to file a response to the appellant's Rule 32, Ala.R.Cr.P. petition.
In January, 1990, the appellant filed a Rule 20, A.R.Cr.P. (Temp.) petition, attacking his 1989 robbery conviction; however, he failed to raise the ground of unauthorized sentence and his petition thereafter was denied after a full hearing. On February 22, 1993, he filed the present petition, raising for the first time the ground of unauthorized sentence. However, the Ireland form signed by the appellant pursuant to his guilty plea contained the notation "1 [one] prior"; further, theIreland form specifically stated that the range of punishment for the appellant's offense was "not less than 2 years nor more than 20 years' of imprisonment." Therefore, the district attorney concluded, the appellant's Rule 32 petition was precluded, meritless and frivolous. *1304
Following the filing of this response, the trial court summarily dismissed the appellant's petition as precluded, noting that because the Ireland form revealed one qualifying felony conviction and also stated the appropriate sentencing range, the appellant's sentence of 18 years' imprisonment clearly was authorized by law.
In Nichols v. State,
AFFIRMED.
All Judges concur.