Humphrey v. State

Jimmy Humphrey appeals the circuit court's denial of his Rule 32, Ala. R. Crim. P., petition in which he challenges his 1982 conviction, pursuant to a guilty plea, for escape in the first degree and his subsequent sentence of 25 years' imprisonment. Humphrey raises one issue on appeal.

Humphrey contends that his sentence exceeds that authorized by law. Specifically, Humphrey contends that his conviction for escape was improperly enhanced by an assault conviction that served as an element of his first degree escape charge. Humphrey further contends that the state's argument that his conviction…