Allen v. State

Bobby Joe Allen appeals the circuit court's summary denial of his Rule 32, Ala.R.Crim.P., petition for postconviction relief, in which he attacked his April 21, 1998, guilty-plea conviction for unlawful breaking and entering a vehicle and his resulting sentence, as a habitual offender, of 15 years' imprisonment.1 Allen did not appeal his conviction.

On October 20, 2000, Allen filed the present Rule 32 petition. In his petition, Allen alleged that his sentence of 15 years' imprisonment exceeded the maximum authorized by law because, he said, the trial court improperly sentenced him as a…