Arnold v. State, 4 Div. 528

• Decision Date: 23 February 1990
• Docket Number: 4 Div. 528
• Citation: Arnold v. State, 562 So.2d 296 (Ala. Crim. App. 1990)
• Parties: Melvin ARNOLD v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 296

562 So.2d 296

Melvin ARNOLD v.STATE.

4 Div. 528.

Court of Criminal Appeals of Alabama.

Feb. 23, 1990.

Melvin Arnold, pro se.

Don Siegelman, Atty. Gen., and Gilda B. Williams, Asst. Atty. Gen., for State.

PATTERSON, Judge.

Melvin Arnold appeals from the denial of his A.R.Cr.P.Temp. Rule 20 petition by the Circuit Court of Coffee County, ¹ wherein he contested the validity of his conviction for second degree sodomy and two convictions for producing obscene matter.These convictions rest upon his pleas of guilty entered on October 7, 1986, pursuant to a plea bargain agreement.Appellant was sentenced, on January 6, 1987, to 10 years' imprisonment for his sodomy conviction and 15-year terms for his convictions for producing obscene matter.These sentences were split into imprisonment for three years and probation for the remainder of the terms, taking into account the time already served.These sentences were to run consecutively.He made no direct appeal.

In reviewing the trial court's ruling, we find that it was proper in regard to all except one of the grounds asserted, for all grounds other than the allegation of ineffectiveness of trial counsel could have been raised at trial or on appeal.SeeRule 20.2(a)(3) and (5).The one allegation not precluded is appellant's assertion that his trial counsel was ineffective for, among other reasons, coercing him to plead, allowing him to plead when he was under the influence of drugs, and promising him that he would receive probation; that allegation is supported by sufficient factual averments that, if true, would warrant relief.Accordingly, the judgment is reversed and the cause is remanded for the trial court to hold an evidentiary hearing on the merits of appellant's allegation of ineffectiveness of counsel.The trial court is further directed to appoint counsel to represent appellant in this proceeding and to "make specific findings of fact relating to each material issue...