Capps v. State

The appellant, Donald Capps, appeals from the circuit court's dismissal of his petition for post-conviction relief filed pursuant to Rule 32, Ala.R.Crim.P., in which he attacked his 1994 sentence of 20 years' imprisonment under the Habitual Felony Offender Act. His sentence was imposed as a result of his conviction for assault in the second degree. (R. 3.) Capps's conviction and sentence were affirmed on direct appeal by unpublished memorandum. Capps v. State, 668 So.2d 939 (Ala.Cr.App. 1995) (table).

Capps's only allegation in his petition was that a second degree theft-of-property charge had…