Tolbert v. State

LONG, Presiding Judge.

The appellant, Eric Tolbert, filed a petition for post-conviction relief pursuant to Rule 32, Ala.R.Crim.P., attacking his April 21, 1995, conviction for the offense of discharging a firearm into an occupied vehicle and the 18-year sentence that resulted. The trial court denied the appellant’s petition without an evidentiary hearing.

In his petition, the appellant claimed that he was denied effective assistance of counsel at trial and cited the following reasons he believed counsel was ineffective: (1) counsel, he said, misrepresented to the appellant that he was a…