James v. State

McMillan, judge.

The appellant, Joseph Wayne James, appeals the trial court’s denial of his Rule 32, Ala.R.Crim.P., petition on the basis that it constituted a successive petition.

The appellant pleaded guilty to and was subsequently convicted of, robbery in the third degree, a violation of § 13A-8-43, Code of Alabama 1975. He was sentenced to 15 years’ imprisonment. The appellant did not appeal. The appellant, however, filed a Rule 32 petition, which the trial court denied. The record is silent as to whether the prior .petition was adjudicated on its merits — it does not indicate that an…