Marks v. State

Jeffery Allen Marks appeals from the circuit court's summary denial of his Ala.R.Crim.P. 32 petition, attacking his 1997 conviction and sentence of life imprisonment for robbery in the second degree. One of the three grounds he alleges is that the indictment charging him with first-degree robbery was improperly amended to charge second-degree robbery, and, thus, that the trial court was without jurisdiction to accept his guilty plea to second-degree robbery. Marks alleges in his petition that second-degree robbery was not a lesser offense to first-degree robbery because, he asserts, he was…