Powell v. State

ON RETURN TO REMAND

TAYLOR, Judge.

The appellant, Porter Powell, was convicted of trafficking in cocaine and of conspiracy to traffic in cocaine. On direct appeal, we affirmed the appellant’s conviction for trafficking in cocaine and reversed the appellant’s conviction for conspiracy to traffic in cocaine because it was a lesser included offense of the trafficking offense. Powell v. State, 596 So.2d 652 (Ala.Cr.App.1992). In May 1992, the appellant filed a petition for post-conviction relief challenging his trafficking conviction on the basis that his appellate counsel had rendered ineffective…