(Download) "Ex Parte Cleveland Jenkins (Re Cleveland" by Supreme Court of Alabama ~ eBook PDF Kindle ePub Free
eBook details
- Title: Ex Parte Cleveland Jenkins (Re Cleveland
- Author : Supreme Court of Alabama
- Release Date : January 14, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS Cleveland Jenkins, on the advice of his attorney, pleaded guilty to second degree robbery, a class B felony, and was sentenced
in the Escambia County Circuit Court to life in the penitentiary under Alabama's Habitual Felony Offender Act, Ala. Code 1975,
§ 13A-5-9. Jenkins did not appeal from that conviction and sentence. Jenkins later filed a timely post-conviction
petition for relief from judgment under Rule 20, Temp.A.R.Crim.P., 1 asserting, among other things, that he had not been
effectively represented by his attorney and that, as a result, he had received an excessive sentence. The trial court dismissed
Jenkins's petition without a hearing, apparently ruling that his claims were procedurally barred under Rule 20.2(a)(5), supra.
Rule 20.2(a)(5) precludes relief based upon any ground "which could have been but was not raised on appeal, unless the ground
for relief arises under Rule 20.1(b)" (lack of jurisdiction to render a judgment or impose a sentence). The Court of Criminal
Appeals affirmed the dismissal, specifically holding that all of the grounds for relief asserted by Jenkins in his Rule 20
petition, including his claim of ineffective assistance of counsel, were precluded under Rule 20.2(a)(5). Jenkins then petitioned
for a writ of certiorari, which we issued pursuant to Rule 39, Ala.R.App.P. We affirm in part, reverse in part, and remand.