Eiland v. State

ON RETURN TO REMAND

PATTERSON, Judge.

On original submission, we reviewed the circuit court’s denial of Eddie C. Eiland’s Rule 32, Ala.R.Crim.P., petition and held that that court had erred in dismissing the assertion in Eiland’s petition that the trial court had been without jurisdiction to adjudge him guilty of second degree assault because the offense to which he pleaded guilty was not included in the indictment charging him with attempted first degree rape (rape by forcible compulsion, see Ala.Code 1975, § 13A-6-61(a)(1)). Eiland v. State, 668 So.2d 147 (Ala.Cr.App.1995). We remanded for…