Cain v. State

McMILLAN, Judge.

This appeal arises out of the summary denial of the appellant’s Rule 32, Ala.R.Crim. P., petition.

In August 1994, the appellant, Leo Cain, Jr., was found guilty in a jury .trial of the offense of robbery in the first degree, and was sentenced, pursuant to the Habitual Felony Offender Act, to life imprisonment. This Court affirmed the appellant’s conviction by an unpublished memorandum, and the Alabama Supreme Court denied his petition for certiorari review. Cain v. State, 683 So.2d 64 (Ala.Cr.App.1995), cert. denied, 677 So.2d 249 (Ala.1996).

Thereafter, the appellant filed a…