Kegler v. State

I respectfully dissent from the per cu-riam opinion affirming the circuit court’s summary dismissal of Kegler’s petition for postconviction relief filed pursuant to Rule 32, Ala.R.Crim.P.

At the onset, I note, as did the majority, that Kegler has filed a number of postcon-viction petitions challenging his conviction and sentence and that in several of those petitions he either alleged that he did not receive notice of the State’s intent to apply the Habitual Felony Offender Act (“the HFOA”) or that the State did not prove his prior convictions. All of those prior allegations were…