Avery v. State

FRY, Judge.

The appellant, Roy Wayne Avery, appeals the summary denial of his postcon-viction petition filed pursuant to Rule 32, Ala.R.Crim.P., challenging the validity of his 1989 guilty plea conviction for burglary in the second degree, a violation of § 13A-7-6, Ala.Code 1975. In his petition, he claimed that his guilty plea was involuntary and that he was denied the effective assistance of counsel. These constitutional claims, however, are procedurally barred Rule 32.2(c), Ala.R.Crim.P., because they were not presented within the two-year limitations period. See Agee v. State, 639 So.2d…