Avery v. State

The appellant, Roy Wayne Avery, appeals from the circuit court's summary denial of his petition for postconviction relief filed pursuant to Rule 32, Ala.R.Crim.P. In that petition, he attacked his 1998 convictions for second-degree kidnapping, first-degree assault, first-degree theft, and second-degree receiving stolen property. Avery pleaded guilty to all of the charges, and was sentenced as a habitual felony offender to 25 years' imprisonment for each conviction, with the sentences to run concurrently. Avery appealed his conviction for first-degree assault and his conviction for…