Burkhart v. State

Kenneth Burkhart appeals the circuit court’s summary dismissal of his Rule 32, Ala. R.Crim. P., petition filed on April 14, 2003. The petition challenged Burkhart’s May 3, 1994, convictions and concurrent 20-year sentences for robbery in the first degree and assault in the first degree.

Burkhart asserted in his petition and on appeal that the trial court did not have jurisdiction to render judgment or' impose sentence because, he argued, a conviction for robbery in the first degree and a conviction for assault in the first degree, both arising from the same incident, violate the prohibition…