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Cole v. State

Court of Criminal Appeals of Alabama
May 11, 1990
564 So. 2d 100 (Ala. Crim. App. 1990)

Opinion

4 Div. 194.

May 11, 1990.

Appeal from the Circuit Court, Houston County; Billy Joe Sheffield, Judge.

Paul F. Meyers II, Dothan, for appellant.

Don Siegelman, Atty. Gen., and Robert E. Lusk, Jr., Asst. Atty. Gen., for appellee.


ON REMAND FROM THE ALABAMA SUPREME COURT


This cause was remanded by our supreme court, 559 So.2d 576, for consideration in light of Harris v. Reed, 489 U.S. 255, 109 S.Ct. 1038, 103 L.Ed.2d 308 (1989).

The judgment of the circuit court denying appellant's petition for post-conviction relief, filed pursuant to A.R.Crim.P.Temp. 20, is affirmed for the following reasons. Appellant's grounds alleging that the sentence imposed for convictions for negotiating checks without sufficient funds and forgery exceeded the maximum authorized by law and that his guilty pleas entered to those charges were involuntary are procedurally barred, as they are precluded from consideration under A.R.Crim.P.Temp. 20.2(a)(3), (5). The remaining argument alleging ineffective assistance of counsel lacks merit.

AFFIRMED.

All Judges concur.


Summaries of

Cole v. State

Court of Criminal Appeals of Alabama
May 11, 1990
564 So. 2d 100 (Ala. Crim. App. 1990)
Case details for

Cole v. State

Case Details

Full title:Robert E. COLE v. STATE

Court:Court of Criminal Appeals of Alabama

Date published: May 11, 1990

Citations

564 So. 2d 100 (Ala. Crim. App. 1990)