Mitchell v. State

Sherman Lee Mitchell appeals from the circuit court's summary denial of his second Rule 32, Ala.R.Crim.P., petition for postconviction relief. The petition challenged his February 17, 1994, conviction for theft of property in the first degree and the resulting sentence of life in prison. Mitchell pleaded guilty to the offense. No direct appeal was taken. This petition was filed on December 21, 1999.

The issues raised in both his petition and on appeal are as follows:

1. Whether the trial court had jurisdiction to amend the indictment, which originally charged robbery in the first degree, to…