Eller v. State

On Return to Remand *

KELLUM, Judge.

Larry Paul Eller appeals the circuit court’s summary dismissal of his petition for postconviction relief filed pursuant to Rule 32, Ala. R.Crim. P., in which he attacked his July 11, 2012, guilty-plea conviction for first-degree sodomy and his resulting October 11, 2012, sentence of life imprisonment. Eller did not appeal his conviction and sentence.-

On September 19, 2013, Eller, through counsel, timely filed this, his first,'Rule 32 petition. In his petition, Eller alleged:(1) That his trial counsel was ineffective for:(a)not timely moving for a preliminary…