Mixon v. State

This appeal involves the denial of petitioner's Rule 32, A.R.Cr.P., petition.

Petitioner was charged with the offense of murder, made capital by § 13A-5-40, Code of Alabama 1975, and initially entered a plea of not guilty. During his trial, the petitioner withdrew his not guilty plea and entered a plea of guilty. The petitioner waived a hearing on mitigation and presentence investigation and was subsequently sentenced to life imprisonment without parole.

Petitioner then filed a pro se notice of appeal. This court dismissed petitioner's appeal as being untimely. The petitioner then filed the…