(DOWNLOAD) "Lucious James Davis v. State" by Court of Criminal Appeals of Alabama # eBook PDF Kindle ePub Free
eBook details
- Title: Lucious James Davis v. State
- Author : Court of Criminal Appeals of Alabama
- Release Date : January 12, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
In June 1986, Lucious James Davis pleaded guilty and was convicted of a violation of the Alabama Uniform Controlled Substances
Act. His 15-year sentence was suspended, and he was placed on five years' probation. That probation was revoked in July 1988.
In April 1990, Davis filed a petition for post-conviction relief, alleging that he had been improperly sentenced as a habitual
felony offender. See Ex parte Brannon, 547 So.2d 68 (Ala. 1989); Ex parte Chambers, 522 So.2d 313 (Ala. 1987). The circuit
court summarily dismissed the petition "pursuant to Rule 20.2(c)." This appeal is from that dismissal. The circuit court improperly dismissed the petition. Rule 20.2(c), A.R.Crim.P.Temp., sets forth a two-year period in which
petitions for post-conviction relief must be filed. That period of limitations applies only to the grounds specified in Rule
20.1(a), 1 (e), 2 and (f). 3 Rule 20.2(c) provides in pertinent part: