Lewis v. State

WISE, Judge.

Jon Frederick Lewis appeals from the circuit court’s denial of his Rule 32, Ala. R.Crim.P., petition for postconviction relief, in which he attacked his 1997 conviction for first-degree assault, see § 13A-6-20, Ala.Code 1975, and his sentence of 20 years’ imprisonment. We affirmed Lewis’s conviction on direct appeal, without an opinion. Lewis v. State, 711 So.2d 1132 (Ala.Crim.App.1997).

On January 30, 2000, Lewis filed this Rule 32 petition, wherein he alleged (1) that the trial court had given erroneous jury instructions, creating a fatal variance between the indictment and the…