Faulkner v. State

Herbert Wayne Faulkner appeals the circuit court's summary dismissal of his September 17, 1998, Rule 32, Ala.R.Crim.P., petition for postconviction relief. The petition challenged his January 10, 1997, conviction for sodomy in the first degree and his sentence of 10 years in prison.1 Faulkner pleaded guilty to the offense. No direct appeal was taken and the guilty plea colloquy is not part of the record on appeal.

The factual basis supporting Faulkner's request for relief under Rule 32 is his assertion that he entered into a plea agreement with the State on January 7, 1997, which stated that…