Frazier v. State

McMillan, judge.

This appeal involves the denial of Potee Frazier’s petition for a writ of habeas corpus. Frazier contends that the trial court lacked jurisdiction to accept his guilty plea and to impose sentence because, he argues, the indictment charging him with escape was fatally defective. The trial court treated the petition as a petition for post-conviction relief filed pursuant to Rule 32, Ala.R.Cr.P., and in denying the petition stated: “Petition for writ of habeas corpus is denied [as] frivolous on its face.”

This court in Thompson v. State, 623 So.2d 402, 403 (Ala.Cr.App.1993), held:

“…