Hardy v. State

MONTIEL, Judge.

The appellant, Ozzie Lee Hardy, appeals from the summary dismissal of his second Rule 32, A.R.Crim.P., petition challenging his 1985 conviction for robbery in the first degree. Nothing in the record reflects that the trial court held a hearing on the merits of the appellant’s first Rule 32 petition.

In his current petition, the appellant alleges (1) that he received ineffective assistance of counsel; (2) that the prosecution failed to give notice of intent to invoke the Habitual Felony Offender Act; (3) that prosecutorial misconduct deprived him of the right to receive a fair…