Duck v. State

The appellant, Robert Donald Duck, Jr., appeals from the circuit court's dismissal of his petition for postconviction relief, filed pursuant to Rule 32, Ala.R.Crim.P., in which he attacked his June 1996 guilty-plea conviction for possession of marijuana in the first degree, driving under the influence, and his resulting sentence of three years' imprisonment. No direct appeal was taken from these convictions.

On December 30, 2005, Duck filed this, his first, Rule 32 petition, in which he alleged: (1) that the trial court was without jurisdiction to render judgment or to impose judgment because,…