Moore v. State

Pursuant to a plea agreement, the appellant, Jerry Ray Moore, pleaded guilty to receiving stolen property in the second degree and on December 1, 1980, was sentenced to 20 years in prison. He did not appeal from his conviction. On April 1, 1997, he filed a Rule 32, Ala. R. Crim. P., petition in which he claimed that his 20-year sentence exceeded the maximum authorized by law or was otherwise not authorized by law.1 A hearing on the petition was set for May 2, 1997. Although he argued in his petition that he had been improperly sentenced as a habitual offender because, he says, the state had…