Russaw v. State

On January 16, 2002, the appellant, Robert Gene Russaw, was convicted of unlawful possession of a controlled substance. On February 5, 2002, the trial court sentenced him, as a habitual offender, to serve a term of twenty-seven or twenty-eight1 years in prison. See § 13A-5-9(c)(1), Ala. Code 1975. We ultimately affirmed his conviction in an unpublished memorandum and issued a certificate of judgment on September 24, 2002. See Russaw v. State, (CR-01-1055) 868 So.2d 484 (Ala.Crim.App. 2002) (table). On February 15, 2005, the appellant filed a Rule 32 petition, challenging his conviction. After…