Cole v. State

On September 14, 1994, the appellant, Elbert James Cole, pleaded guilty to rape in the first degree and burglary in the first degree and was sentenced to 15 years' imprisonment on each charge, those sentences to be served concurrently. He subsequently filed a motion to withdraw his guilty plea, which this Court found to be untimely. This Court thereafter affirmed the appellant's conviction in an unpublished memorandum.Cole v. State, 683 So.2d 61 (Ala.Cr.App. 1995). On November 9, 1995, the appellant filed a petition under Rule 32, Ala. R. Cr. P., citing as grounds for relief an involuntary…