Eiland v. State

Eddie C. Eiland appeals from the circuit court's denial of his Rule 32, Ala.R.Crim.P., petition in which he contests his 1985 conviction for second degree assault and his resulting 20-year sentence. Eiland was indicted for attempted first degree rape (rape by forcible compulsion), see Ala. Code 1975, § 13A-6-61(a)(1), but pursuant to a plea bargain agreement, he pleaded guilty to second degree assault. The basis of the assertions in Eiland's petition is that the trial court, he says, did not have jurisdiction to adjudge Eiland guilty of second degree assault because the offense to which he…