Graham v. State

This is an appeal from the denial of a petition for writ of habeas corpus. The motion of the Attorney General to reverse and remand this cause is granted. The petition challenging the alleged unconstitutional application of the Habitual Felony Offender Act should have been treated as a petition for post-conviction relief and transferred to the court of original conviction. See Rules 32.1(a), 32.4, 32.5, and 32.6, A.R.Crim.P. See also Goodson v. State, 588 So.2d 937 (Ala.Cr.App. 1991); Salter v. State, 594 So.2d 249 (Ala.Cr.App. 1992).

The judgment of the circuit court dismissing the petition…