Guenther v. State

COBB, Judge.

Carl Francis Guenther appeals from the denial of his Rule 32, Ala.R.Crim.P., petition challenging his 1967 conviction for robbery. The trial court, on its own motion, denied the petition, stating that the petition was barred by the limitations period of Rule 32. All but one of the claims raised in the petition are barred by the limitations period. However, Guenther’s contention that he was improperly transferred to circuit court from juvenile court raises a jurisdictional issue, which cannot be precluded by the limitations period.

The allegations Guenther made concerning the…