Lee v. State

PATTERSON, Judge.

The appellant, Donnie L. Lee, appeals from the Montgomery County Circuit Court’s denial of his petition styled as a “Petition for Writ of Habeas Corpus,” contesting his custody pursuant to his 1988 conviction for attempted first degree assault and the resulting 10-year sentence. Contrary to Lee’s adamant claim that his petition is not a post-conviction petition governed by the provisions of A.R.Cr.P. 32, we find that the allegations of Lee’s petition are encompassed within Rule 32. See Rule 32.4. The circuit court erred in dismissing Lee’s petition; it should have been…