Whited v. State

TAYLOR, Judge.

The petitioner, Billie Nelson Whited, was convicted of trafficking in cocaine, a violation of § 13A-12-231, Code of Alabama 1975. He was sentenced to 99 years’ imprisonment.

Pursuant to Rule 32, A.R.Crim.P., the petitioner requested post-conviction relief, contending, among other things, that he had been denied effective assistance of counsel. Without an evidentiary hearing, the circuit court granted the state’s motion for dismissal of the petition, stating that the petition was not sufficiently specific, that it failed to state a claim, that no material issue of fact exists that…