Ex Parte Gunn

The trial court summarily dismissed Victor LeShawn Gunn's Rule 32, Ala. R.Crim. P., petition, which Gunn concedes was actually a second motion for reconsideration of his sentence under § 13A-5-9.1, Ala. Code 1975. The trial court dismissed Gunn's petition on the basis that, under Wells v.State, 941 So.2d 1008, 1009 (Ala.Crim.App. 2005), the trial court does not have jurisdiction to consider a successive § 13A-5-9.1 motion. The Court of Criminal Appeals affirmed the trial court's summary dismissal on the same ground. To the extent that Wells violates the constitutional principle articulated in…