Baker v. State

McMILLAN, Presiding Judge.

Albert Baker, Jr., appeals from the summary denial of his Rule 32, Ala.R.Crim.P., petition. Baker contends: (1) that the circuit court lacked jurisdiction to receive his indictment because the indictment was returned by a Pike County grand jury while his appeal from the juvenile court was pending before this court; (2) that the indictment was void because it set forth inconsistent counts and resulted from prosecutorial misconduct; and (3) that his conviction and sentence for capital murder cannot stand because, he contends, there was no evidence that he burglarized…