Brooks v. State

MONTIEL, Judge.

Jerry Brooks filed a petition styled as a “Petition for Writ of State Habeas Corpus" with the Escambia Circuit Court, challenging his conviction in Cullman County for rape. The Escambia Circuit Court found that the petition was seeking relief from conviction and correctly ordered the case transferred to the Cullman Circuit Court as required by Rule 32.5, A.R.Crim.P. While the Cullman Circuit Court properly treated the petition as a post-conviction proceeding under Rule 32, it did not give the appellant the opportunity to file a proper Rule 32 petition as required by Rule…